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Daily Ohio State journal (Columbus, Ohio : 1848), 1863-02-27

Daily Ohio State journal (Columbus, Ohio : 1848), 1863-02-27 page 1

I i 5r HED1CAL. . LIVER COMPLAINT; M.iuitu.mrff teMMOWl of th Hit Imowiyataa tea tint OoapUisi. bt ita pMWIUr of U Llftr which f sow raf rr. to, Ofcrewae AMfcoa. m4 Mwlly .rli trot- fWi 1 oojn-ri teto of tbmt imvotUal ot ... ftoai .. tAw Ml u tt AclMft la Ma lit, or vilUUd la aumj, m tbe ntMMtitiltllliMiiM Iibms but Bun KMwrallytM ilini hi owing la oUtr-vcli jo or otcgsii g ap h im aacc or Dip which coBtn iho fnw Km Liwr tote Um bcwU, by odkM toB of or bioobb. or to bdbm com m gftli taao, couwdx ib Uto I bo throwa hack lalolho all bladder, from wbMOa H M ahwrbra by bbbmtom FpAll ftwU, which many It Into tbo TburaoW Dock, Too thai ram ap along lb aplao. mat tormtualM la ooo OOlpilHI HMII IBM IB wrgv worn vi -, Ha jaacUoB with Um foloa of IM boob aaa ag, 1 thoooa lb bit. m oobivjod to Iht hoart, aad InJ Milk ek. hLrenef Th ail ikatiiMrt fro Ita oroDor eonr-, aad dt oa alloc whoro It wat Botor ooaluaQ by tor, prodooto Bioch aad oiiaa diaasUvw AcU BBOB l-M hoallh of ta Individual. IU Eflecti Upoa Digestion w ik. M.t f kalik bi'o toBilt with thahtlf df mlW kiad.AMtnriUuoaratloa aevw taho placo DO' twcoa tbCbyU(tb milky liqaw whloh foraii lhablood) aad thooft portloot of tho feud dafigoad by Mior to t fjactod ir.Bi tb ojwrta r oiw, wnaa piwou. lMt.lM.Htth. klih fram tho nnboaltb pir Uooa, ! Ummbi mwf thai telo.urt or whKoof :. saparato wiaorcMt from .air tuaatir tho ry foul. of life 1 ftvn .to abanca, vltla-lad and oorrapttd. la thla eoBBcctloB, too aoro promloMt rmptuftu ro feeling of opproMloB npua tba atomath and cbl, a If prima aowa oy aTy wr 14121, hvuhip BTlgDWU OfBBBUf Low Spirits, Langrnor. omu f omm. oalkiiehol. raatloMBON and dlicontont Bdaaab-gtoowiBOBi of mlad, tlaotitoo- great dread ol Iroabla, aad a ditpttltlts to Biagiiuy rrtry otii wiiob groat watcafalBtoi.aod an Inability to lvp, and a.alB, not drowtlDMf, waariBOM, BMddiaiacUuailOB W Biutiou. . BtfOiatiBMa thar l a lualbUia of fuud. and at oUmu.b vonMloua appailia, tba food troqoontly bocumlng aour lm maAKXmm atur HMlA.vBjlkjWMl b aourOT hitter OrQCta tlM.a. OoauvaueH. or aliarnauly c llrtntM and dir- rhioa pravait tba patfe.1 fe fiaqueotly troubled with wind la tho atouaca aud bowoU, aud at tlmas u aunnyad with nrn.i mad froaan(lv With tho I'llat. TbIO ! alao IrrHA'toa, and friUcnily chronic lDtUaimaUwB of tho labor aurlaca of tba aiuiaach and bowvla, with lander-bOH ob prcMiua, and a aoroawM alt jak tUe lower edgo of How the Blood If Affected. The ooaiee parUcUa of tba bite Chu aitKad with the blood, reader H laipare, and more or kwa ocatrBcte tho Bono of tbaakla aod aaoaU-taaaeia, huco arlata va riooe dlaaaoae of tbaekln. each ea ryy" axsiBia, llaaiiiM H.JI Utmn Vaalclaa. Blottbat. 1 lUnota, fbn' pUa, ovarhnna, hoilae, bore JGyro, bore and Ulcere, of vetioaa bud Tba gala bocome bioroor weaymivw, au whoa tba diiaan le of I0U4 uoding, oftan vaty dare, aid aaa a dunrabU, dV(y. praoajr appaarauco, aad eoioeiloK thorafeapartaotlaawiloa. ;iha white vt Uta eyeaalao havo ft giaoa or lalidw tinge. Its Action rpon the KidneiSa Mora or laoa bile U ttrmtoed off from tba blood In Ita paaaago through the kidney, and la mixed wiib loo Brlna, which, by lie acrimony, prod oca pain la tba itmcAt aad acaid aud Irritate all toe urinary paouget. ' borne day the dtttliarge of ulna la profuae, and natural la appearance; and other time It la acanty, and tbo desire to evacuate It Criqaent and urgent, aud ocwlonally there la a total auDbreamion of it. KonieUm the eolol fe nearly whit and milky, but oaually it le high oolvred, rod or yellow, with a rank, oflenuve odor, aud often it la bloody. v- Tbo more erdloary nmptom of tbl dleeaae are of great variety, and may be ataiod a follow: OoutMaa or tun Lin as, tba tougue 1 ntuaily more or lee coated with a white or brown acurl, and lueie 1 often feeling of Oiillllbeae aod ooldneee of tho feet and fcnaof, and along the lneldo of taw .Mgbi; at tltu the face 1 floahad, and there la more or tern lever, eapeolally at alght, or In lb afternoon. Frequently there la a ejaoar, Uaukins Oooou, wiib a huk'nrei cl the throat, and eomeiimea a very turn, dry and bard cough, which ta often mletakM fr Uunomptlcn. TbM cough oiton oommeooea lu the letter part ol the nigUt, or eaily In the mom lug, and lt tvr hour, fiequeutly producing nanetm aud vomiting II their bo any expectoration, It it a tough, ropy, leuacloua phlegm, which adhere to v-rytbtug II louche. There are, alio, Ireqeeutly chruulo p lent lay palna lu tarloua part of the cheat, which ablft about from one part vf the hfoaat or lde to the other. Mnmillmni altrrairehirin la tho Liver, and preeslug u-ward on the Lnug". produce c-jnetriction aud cou((li, and breaking, dlecbeiKe their oonteota Into the Lunge, from wheuoelt must iben besetted by eip'W.oratlou, or the patient to deetioyed. Jiinally, to um up la a lew word A 79lhwt Duty, Qrtuy Skin, A Ytliovt, or Grew Tivgt qf the WhiU of iht Em s. An Aching Pain acrou tht Kidmytand Uipi, with Irritation or heat In dlKharalog urine ; enat(on of fulooasand dbitentlon aroa tbo abdomen, with ten-4emeaa 00 promuro ; Low4M 0 ttpiritt, Frightful IreurM, Acidity 9 Stomach, wltb other dyniieptlo ajinptoom, ( llou tfevor. Billloui Oollca. and Blllluu Diarrhwt and Oyaentarles, Obstloate wustlvenew, lntrmHlent aud Ke-mlttnt Fevet. Jauudlco, Fever aud Ague, Chill and Fever, Ac, all original fiou the aamocauM, A De ran red State of the Liver. Th moet aucMMful treatment le to glra the patient very nlcht on eoiug to bed, from two to Are J AYMC'd SAM ATI VC ribLa, orenouab of tbem to fueurooie, and not more than two evacuatloni from tbe bowela next morn 1 or. The doee of the Fill can be Increased or d. aoiolthrd at pleasure, eo ae to produoa the above f)ect, and their uae ebould be continued until a curs 1 coru-plated, alto, at theeme time, give Dr. JAYNaVd ALTH-A AT I VMS, three time a day, according to the direct ion, uuka there le a want of appetite, with weak net aud debility. or lynptorui of worm prevail, when luetead of the Altratlre, Rtve ateaepunnrul ot VKBNirtToa (nili. d wllb a Utile cold water, and ewontened to plttaee tbe taate,) about hlf an boor beforo each meal, until tree ymptoBM are ramofed, Baa II tnero Mould b cough or opproeeloo about the thioat or cbett. tuen give the ExrcToatNr a often and In auob dotee aa may be found naoeaaery to quiet the oougb aud naj expectoration Dr. V. JAVNN W)H8 tStmltf MHdn are pifre. only at U4U ilhemnt etreet, lhllndlphla, and are aold ol Oolumbn, Ohio, by (1. BOIIKUTH MUd 0, bOHUKLI.&lt, auid by Agont tbrougool tho oonntry, from whom ma lao be trt'tnlned, f'alii, yapae'l iltdioal Alnumne od 7MkU ( Unit. feblB IIOOK4AIVD 8TATIONRV. Zletxxcteill cj Aston HAVE ON BAND A Large aud Beautiful Stock or OF ALL DESCRIPTIONS, rROM 10 CEIVT8 to MO DOLLARS GILT AND ROSEWOOD, AND GILT OVALS, ROUND AND SQUARE FRAMES, Buitabl, for tlmoit ,07 Pioture yoa osji produoe Bring Tar Loose Plclnrts ret tba Ihrn Franed SUPERB PHOTOGRAPHS Being Urge, tni repreienling ,11 the Best end Fineet Kegraiinga end Pelnting EXTANT, Richly Fremed, end within the reeoh ef ell, end t one-fourth the prioe of Steel Engretinge. A General 8 took of BOOKS AND 8TATION.ERT At the Lowest Prloes, lwe on hend. Xl.Asictll Aaton'a. GROCERIES. YANKEE VEGETABLES! OODFIsn, "George B"V', No. 1 SALMON (New); jf No. 1 SHAD (New): W tf- 100 Kiti No. 1 MACKEREL; : 100 Kite No. 3 MACKEREL; MACKEREL in helf and qaetterblf, SMOKED SALMON; SMOKED HALIBUT; TONGUES AND BOUNDS, Id Store, em) for nle by W. H. KK8TIKADK, ,14 HM'RotiU, Hth mr WM. H. RESTIEAUX. NO. IOM SOUTH niGU STREET. OOLTJMBTJS OHIO DEALER IN FINE A ID STAP LI GROCERIES PRODUCE, PROVISIONS REIGN DOMESTIC LIQUORS, Fruit, Sell, Flour, Woodenwnre, eiOM KNAPP, OCCaLIST. fVWimarr erf Bnftalo.l baiBervor treats Dlaeaana of the , teatnet aad arte arHMil Itii wtthont naln, that awwe like 'be BBtBTal ayeat Ho. 867 Sooth High Street, ColaHba wu OSK Boar iroai a mk o'etooB. p. S. Dr. Knaeo'e Book oa tho It and Bar. leVed, or Bulled, fraa of obarfo, to ear ladlTfdaal who a a elaflj of eitaor or Utoaa orvaa. aooi aaiwi DK. G. A. BAILT OHIO "S VOLUME XXVI OHIO QTE JOURNAL MILITARY ARRESTS. Speech of Hon. F. J. Dlckman, of Cuyahoga Coealjr, Delivered In (he Ohio House el Repreaeu tailvei, Jao., 1863. Mb. SriiuB : Binoe theeo ireolulione rel- lire to the krreit of oitiient of Ohio were taken froa tho Ublo, I hero h4 too little opportunity for refleotion d intMUgetion, to praeume thnt the remark, whioh I be nbeut to offer, will tend in an degree to tbo enlightenment of the House. But, no much bee been snid from whioh I must dissent, I bri leer to preeu! nT Tiews ns briefly as I onn, sllhough I 0107 foil to add anything to the interest or inetruotireness of this debate. We have all listsned ettenUrelj to the elaborate speech of tho Honorable mem-1 br from i' airfield (Mr. Olds) who has just taken his seat. Ho has spread before us the ripe fruils of lime, and reeearoh, and perhaps of a saa eiperienoe, ana long Indignation, lie has beengraphio in his descriptions, and oogent in man; of his argumente, and I shall not enter upon the inquiry whether in the oonbneuent ana privations to which he has been subjectM, he has, or has not, been dealt with beyond his deserts; but, may we not oonclude, that muoh 01 the languags witoa ho has used was cm ployed in a figuratirs sense, and was not in- tenaea as a vehiolo for gram ana nnimpas sioned history. I eannot yet bolieTO that wo are now living in tho midst of frowning Bastiles orowded with tho in- nooeut violims of a worse than oriental despotism. I oanoot yet believe, that the Sinn ih Inquieition has been introduced into the United Htates that tho moment and oeore- cary of War and Governor ot Ohio are so many Torquemadae, who havo been eending tuair agents through the eountry to drag euspeoted persons from their firesides or their beds, thrust them Into dungeons, and ibfliot upon them in quisitorial tortures. Among the many Dlun Jers of the Administration which by some are reckoned as orimes. I eannot vet diseover tbe counterpart or uumae cachet; nor do 1 believe, that the liberties of tbe American otttxen at present nr in very great danger, unless ths sal suocess ot the rebellion shall pave the way for the overthrow of our system of govern ment. But I do believe, that a spirited man md impatient of restraint, of qutok impulses, and of keen aeneibtlily, may in time oome to feel, that even his own dwelling house is a speoies or Baatile if he is held there as a pus oner; and that the guards who keep him in duress, though gentle and humane, are ouly in quisitors under a milder name. Sir, 1 am ready to make due allowanoe for warm feelings aod impassioned utterances in relation lo persons ana places associated witn ones imprisonment. t am willing lo paraon much lo tbo spirit of liberty. with the statements now before me. 1 am not prepared to say that the oase of the Honorable gentleman has not been one or hardship. It is probable that under Ihs orders of the President reference to the suspending of the writ of habtat carom, mistakes have oeourred. and ill- advised arrests have been made of persons who though indiscreet were nevertheless loyal to the uovernruont. liut it is Important to lear in ind, Ibat no systems of human legislation, no oodes or constitutions oan be made absolutely perlcot'in their operation. We legislato on genoral principles, but there will always be exceptions whioh ths law has not contemplated, d in the exeootion of tbe law, in spile of the most oerefnl endeavors, there must often arise cases of individual hardship, which were un-foreoen, and for whioh uo provision oould be made. A man, for exntnple, is stteneoted of having oommi led a felony he is arrested on parte evldenoe; the grand jury find a true bill against him; and alter imprisouinout for weeks, and perhaps months, he is brouebt to trial, andproved innoocnl, beyond the shadow of a doubt. But beoause this is so, will you repeal all laws for the prevention and puniehmout of crime? Will you prdnounce the criminal code oppressive and tyrtnniciL beoauseain laudable tort to bring the guilty n; Justice, and protect sooiety, a auspioion, al first woll grounded, rests upon one who after a careful examination is de clared innocent? The suspension of ths writ of habeas oorpus in oases of rebellion or invasion expressly provided for in tbe Federal Consti tution -a provision, loo, that was not designed to remain a dead letter, but in the enforcement of which we must expect the same difficulties that arise in oarrying out other provisions of the Constitution or of statutory law. Tbe ma. ohinery for the suspension of this writ is new and strange to us, and as it has besn ussd but little among our people, it must not be surprising if all its parts and movements ars not at first absolutely perfect. I am not forgetful of the guarantees of personal liberty which every Englishman olaims his ninnrignt. ana which our fathers brought with them aa oolonista to this couutrv. The Great Charter, the Petition of Right, the Bill of Rights, in some respects tbe arohctype of our own Declaration of Independence, are safe guards of liberty which 1 admit must redound the everlasting honor of the bullish nation. But, while surveying the bulwarks of liberty ereotcd under our Constitution, lot it also ba remembered, that the same great oharter whioh seoures to every Amerioan oiticen the sacred .ghts of person and properly, at tbe same time permit the suspension of a most preoious privilege when the "puolio aaloty may re quire it." In article first, seotion ninth, of the Constitution of tbo United States, it is provided, that " Tbe privileges of the writ of habeas corpus shall not bs auspsnded, unless when in oases of rebellion or invasion the publio safety may require 11. it will not do ooutonded, that under this olause, either Congress or ths xeo-uliv oan repeal, abrogate or annul, either in peace or in war, the law giving tui waiT oa the writ lrsKbr. The law and the writ re maining intsot and saored, tbe design of tbe provision is evidently to tutpmd or fie up, as it were, the privilege of the writ on certain occasions, hot qknesally, but only to tboso persons who aro and will be dangorous to the pub lio satety it allowed to go at large. The suspension does not extend to the great body of the people, nor oan it be permitted in lime of peaoe; but under an exprees limitation to oases of rebellion or invaeion, it must be confined to those individuals who if unrostrained will imperil the publio safety. To save the life of the Itepublio, it Is designed Ibat there shall be a power that ean follow those who plot the overthrow of the government wherever Ihey go, and until the danger is passed prevent their discharge on bail or otherwise. The publio safely is the supreme law, and to it all other oonsiderations must yield. The existenoe of the nation is paramount and overrides all other terosts, and especially or those persons who ay reasonably bo suspected of disloyalty. 1 be Honorable membor from Licking (Mr. Smyth) lakes ths position, that the privilege of tbe writ ol nabeas oorpus oan never be sus pended except in those places where there is octual rebellion or invaeion. But does the laniuaae of the olause in the Constitution. hioh we have oited, impose any (erricoriat limits? Herorence is made to "oases but not 'places" of rebellion or invasion. In the letter of the olause, no other conditions prece dent to a suspsnsion of the writ are required save the existence of rebellion or invasion, and the exigencies or the publio Barely. To adopt the proposed territorial limitation, might make this provision of the Constitution in most Instances entirely inoperative. Suppose for il lustration, that mere is astual rebellion witb- in the bordors of Indiana, and the ringleaders make their esoapo into Ohio, will it bs insisted, that beoause no actual rebellion exists in Uhio, thev oannot be here held aa persons dangerous to the puDtio satety, ana inai no power exists under lbs olause we are oonsidering to prevent their discharge oa bail, notwithstanding they may prooeed immediately after their release to accomplish in our very midst what Ihey failed to do in the adjoining State? Shall tbe Executive in bis struggles 10 preserve, protect and defend the Constitution of tbe United States, be paralysed by such si oonstruoiion! - Shall that sacred instrument be shorn of its strength, and one of the obief means designed for ita preservation be oonvertcd iuto an agent for its deatrnouonr .cnaiiouooi na own seu-eueaain- ing arms ba mtde to strike a suicidal blow? No Sir, the framers of the Constitution, we be lieve intended lo provide for just snob eraer-genoicsaa the present, and to enable the otneers or tne government 10 lerrei 0111 a mgcrous ana drS'going men wherever louna anioug us, whether on to very spot of rebellion or at distance, and to thwart them m ths execution ot their plans by detaining them in custody nnlil they snonia become powerless 10 worn detriment to the publio safety. ' In eondemninc the recent policy of the Presi. dent and War Department, in arresting persons apposed la be engaged in discouraging enlist ments, it nas oeen ooutenaoo, uai toe writ 01 habeas oorpna ean never be suspended, except when a rroolaoation of martial law would bo Jnellnabla. Grant that this is so, merely for the TOLUMBUS, OHIO Fill OA Y-'MOKiN IN saka of argument, aad some there art, it is ea to say, whs might then inquire, whether lb rebellion does not furnish a justification fur such a proclamation, and consequently a fit 00-easion for the suspension of Ihe writ. Sinoe the lime when in anoionl Rome, Ihe lam people that retired to the Saored ileuutain in defenoe of liberty, tolerated for while, even a dictator, in order to quell oivil commotion, no nation's sxisteno was ever in (Tester peril than our's is at present, aad no oooasioa ean ever arise demanding more) atringent measures. Bui, sir, I ean dieeovor nothing: in the habeas corpus oiause 01 tne Uonsututlon, so oalled, that inseparably, or in any manner connects it with martial law. It might be very destrabl and aeoeesary for tbe publio Bifsiy to take away from a few persons for thsCfce being the privi lege of discharge on bail or otherwise, when it would be rash.'hich-handsd. and nnnardonabls. to abrogate the operation of lbs law of Ihe land in rerrrenoe to the entire bodv of the peo ple. Martial law, when proclaimed, would have suon an enect. 11 names with it dictatorial powers. It is vague and uncertain, despolii and tyrannical in its applioation. Measured only by the publio danger, It exists only in the breast of him who proclaims and exeoutea it But Ihe habeas oorpus olaue is passive rather man aouve in its operation, it goes not out to arrest, but detains after the arrest is made. lie office is restrioted. It declines to produoe before the oourt or judge awarding the writ the body of ths prisoner or person dsiaihsd, togeth er wild tne cause or nis caption or detention. It does not embrace, and was nsvsr intended lo embrace those extraordinary powers implied in the enforcement of martial law. Martial law may oarry with it a suspension of Ihe writ of nabeas corpus, yet, tne Constitution has provided for the latter in explicit language desig nating wnen 11 may be resorted to while tbe former has been left unmentioned, not even hinted at, and should only be proclaimed in Ihe midst' of those convulsions whioh threaten to upturn the very foundations of oivil society. As a puttherefotemay exist without the whole, as Ihe less may be detached from Ihe greater, s, the expediency of proclaiming martial law should not be, and cannot, under tbe Constitution, be allowed, to delermiue (he necessity of suspissatiig toe writ . .. . But we are told, that not only have oltiisns of Ohio been imprisoned and denied the privilege of tbe writ of habeas corpus, but that under orders issued by tbe President through the war department, tbey were arrested in the first instanoe without due process of law, and have been deprived of a speedy and public trial by an impartial jury. 1 do not profess to bo laminar with all the ctroumstanoes attending ths recent selxures of individuals whsther in this Staie or elsewhere. It may be, that the government, aottug tnrouth provost marshals and other agents, has made mistakes in mat.y instances. Nor do I stand here as Ihe -advo cate of arbitrary and illegal arrests, and if the humblest oitizeo, Ihroiis-b petty malice, parli- xan xeal, or a spirit of oppression, has been re strained or his liberty in tne slightest degree, then, let btm receive tbe amplest iniotnntnoa-tton. But, it is needless perhaps to remind you of what atl history aiteRts, that there are moments of aylrome peril, when the very existenoe of a nation demands that Ihe artificial forms and slow prooess of the law, suited to times of peace and order, shall for a while give way lo the overruling necessities of Ihe hour lo the dictates of self preservation lo (lie adoption of measures of the storuest and most enorgotio character. Such a dread emergency did not escape the wisuom and forooast of the framers of the Constitution. They knew that faction is I be bane of popular governments, that the best republics have boon ruined by demagogues, and they seem lo havo lifted Ilia veil of Ihe future, and oaiight a glimpse of Ihe disasters that might possibly oome upon us. For such a contingency, they did not omil to prepare and point out a wuy or deliverauuo, r it is made incumbent on Ihe Prseidenl in arltole second, scotiou first of tho Constitution, before entering on tho exeoulion of Ins office, lo tuke tbe oath or aHirmation, that ho will lo the best of bis ability, "priwrve, protnot and defnud the Constitution of the United Slates" that bs will save it, scouro it from injury, and guard it again! all attacks. Here is a tuigbly trust commuted to his ohsrgo a most solemn obligation imposed upon bim. Tho very life of e.nation is placed in bis btutls, and he is made responsible for its preservation. It is reasonable therefore to conoludt, that nmoug Ihe powers of the Executive, thoee will uooooeartly be implikd or taken ror granted that are oomuion-snrate with the great interests in his keeping and the important duties lo be. discharged, lo other wordi, in exacting tbe oath "to preserve, protect and defend," a delegation of powers lo do Ihe same must be implied from the nooeesily of the oase. And, as it his bean remarked by Mr. Juslioe Btory, tho Constitution does not oreate powers and oompol them to remain forever in a torpid, dormant, and paralytio slate. The hkans of execution are implied, fur without the substaooe of thepowor Ihe Constitution would be a dead letter. Besides, as set forth in the preamble, tbe Constitution of the United Stales has been ordained aud established by the people. It emanates from them; it is their own oreation their own offspring, and eing so, it will not be protended, that the people themselves in saving Ihe work of their own hands cannot put forth all ths powers of sov ereignty. Now who is ths President? He is, for the purposes undor consideration, ths agent of Ihe people supposed lo be selected for his wisdom and patriotism worthy of publio confidence of known exeoutive anility sworn to preserve, protcot and defend tbe Constitution, without restriction or qualification, and expeo-led by the nution lo do so, at every hazard and under all oonoeivable eiroumstanoes. Furthermore, tho Constitution, in artiols sec ond, seotion second, says that "the President shall be oommander in chief of the army and navy of the United States, and of the militia of the sovcral States when oalled into the actual service of the United States." Of Ibis office and its duties be oannot divost himself, nor oan Congress take from bim Ihe right to oommand the national army. By aot or Congress too, he himself is authorised to oall forth tbe militia, and thus by bringing them into actual service give completeness to his power. It would be a difficult task, before knowing what exigen cies may arise, to draw an exact line between the authorised and unauthorized powers of the hxeoutive, noting in the eapaeity of oommand er in ohief, But it is important to be observed among the powers and duties of tho President, that immediately loiiowing tne oath or otnoe required of him, be ia vested with his military power, thus, by juxtaposition, oonneoting its exorcise with the psxssevation of the Consti tution, and leaving it fairly to be inferred, that as oommander in ohief, he is olotbed with military authority amply sufficient when required, lo enable bim to do what he has sworn la do as Prosidcnt, and for which his oivil power has proved inadequate. I believe, thai when the alternative is Ihe perpetuity or over throw of our government, the military power of tbe Executive should bs proportioned to tbt magnitude or tbo Issue, it will be no excuse for him, in settling nis account with tho people, . . . I. . 1. t V. - I, . . k L-J I have preserved, proteoted and deteuded toe Constitution of the United States, but as opin ions were divided as to ths extent of powers inoident lo the office of commander in chief of the army and navy, he had ooncluded, under all the circumstances, to allow tne government to go to rum I do not deem It essential, at this point, to make the inquiry, whether the President may be the judge of the existonee of the necessary exiienor ron PXOCLAimsn MARTIAL LAW; for. thus tar. 1 tnins ne nas uonenoming wnicn he might not do without a resort to that extreme measure, wnen ucnerai j season prooiaimea martial law in New Orleans, Edward Livings ton gavs his written opinion on thesubjsot, and among other things said, in substance, that the Oeneral proolaims it at his risk and under his responsibility notonly to the Government but to'individuals. From that opinion taken aa a whole Ihe inference has been drawn that, when the necessity is sufficiently urgent, Ihe right to nroalalm martial law is inoidont to the powers of Ihe General in oommand, but that he must hold himself responsible ror any abuse or it The Supreme Court of the United Stales, in the case of Luther vs. Borden (17 How.) has de cided that a Stale may resort to ita military power to put down an armed insurrection when tbe oivil authority is not strong enough to control it that this power is indispensable to the existenoe of every government neoeesary to the pressrvalion of order and free institutions. And if this is the correct doctrine, when applied 16 the several Slates of the Union, we oertainly oannot refuse lis application to the Federal Government, when efforts are making for rrs subversion by rebellion and insurrection. It was in accordance with this right to use the military power in limes or emergenoy, that the Supreme Court, in the said case, held to be lawful the arrest of Luther, ellizen of Massachusetts, who was arrested as an aider and abettor of the Dorr rebellion in Rhode Island, without any Judlolal process issued, and by a mere military officer acting uader the military authority or (Le 1'rrs-tdenu in erusbing fbe conspiracy of Burr, which weighed only ae dust In the balance asm. pared with Ihe stupendous rebellion mw-Apes us, General Wilkinson, following the directions or Jenerson, and on the ground or public necen any, did not hesitate to arrest, without stvil pre oess, ihe ohtef aiders and abettors, aad yet no one will surely say that Ihe author or the feo- laratioa of Indepeudenos and of the Keolueky Resolutions and ihs foe of tbe Alien and Sedition laws was not a watchful 1 uardian of Ihe Con stitution, and most jealous la ihe defease or per sonal liberty. I know very wen that tne plea of neoctatiy is too apt to be need in oxtonuation of Ihe bom nn rarreuttble acts of usurpation too apt to bs made a cover for unlswfurand in defenaibls arrests, arrests upon loose ex parte affidavits or without any affidavits whatever, nd for words spoken. or written that are not disloyal, seditious, cr lending to discourage en lis! moots. If such arrests have been made ia Ohio or elsewhere, I reprobate tbem, and hope that Ihe people, at the first opportunity, will rise in their majesty and oonduuut. mem. nut I speak now of that alleged publio necessity which is glaring and palpable to all reasonable men, wnion nas neoome a nxea ana generally acknowledged fact a necessity, however, that may be loquired Into, and ir round to oa pretended, fictitious, and imaginary, may be fol lowed by a trial and impeachment of ihe Pres ident himself for malfeasance in omee, ana s visitation upon bis subordinates of the jnat pen alties of tbe law 1 do not believe in irrespon sible powei; and if, where the exercise of a sound discretion Is lodged, we find a grace be trayal of trait and violation or rights, the pub lic should at onos demand a reckoning, and ob tain the fullest indemnity for the past, and the amplest aeourity for ths future. j it Bui, Mr. tpeaker, there Is a question or great moment involved in the reeolution before the House, when regarded from a legal or oonatitu- looal stand poiut, and that is, whether the iKht to suspend the writ of habeas eorpns bs- lougs lo Congress, or the President whether it is a legislative or executive power. I am ware that there is high authority In the shape f judicial decisions and tba text of comrsmte- tors against vesting tbia power in the Presi dent; but there are also many enlightened liv ing jurists, who find lbs Constitution adapted to our present wants, and who have furnished solid aud oonvinoing arguments on the other side. The question, to say ths least, is an open one, and may fairly give rise to an honest dif ference or opinion, were there perfect uuanim- y in oonetruing this powsr to be sololy legis lative, the President might be relieved from uoh embarrassment and responsibility, al though, psradvenlure, at the expense of nation al ruin. But, as we have already ssd, there is not Ibis unanimity. There is a wile dis crepanoy of opinion, requiring a widely dif ferent policy; and suon being tne case, 1 aoem the duty of every crember or this House to favor that interpretation of the Constitution hich will best aid and strengthen the Eieou- ive in erusbiug the rebellion. This is no lime for those astute polittoal speculations that en courage indeoision and inaction. Keeping ituin the bounds 01 reason, we aemanu at this orisis a photical interpretation one that ill infuse inoreaeed life and energy into every department of the government, aod piove to he world, thai tne lonsinunon was uiaus oy 14 framers to reach every emergenoy and to lasl for ages. There is much in the oreed of bo strict oonstruotionisis wincn 1 am willing to adopt as my own, but 1 do not wish lo see Ihe Constitution rcuuoen 10 a state 01 iiuueouuy. With a task before us iu this war that might almost stagger a world in arms, I cannot he guided by those rules of oonstruoiion (hal might possibly, in the language of Chief Justice Mar ball, "cripple tbe government ana render 11 iiui.iil to Ibe onjeois ror wnion 11 is ucomreu o be instituted. The chief argument advanced, thus far, in behnlf of making the power lo suepeud Ihe writ of habeas corpus resido iu Congress, has been drawn from (be alleged fact, thai article first of the Constitution containing Ihe habeas oorpus olause is ooufined lo legislative powers exalusivoly. On Ihie point, I may take issue. is not true that tne wnote articio is rvsiricwu simply designating the powers'of Congress the limitations thereof. From the seventh ration of said article, Hie PsIssiuiht derives veto power or Ibe power lo npprove and nega- ve the laws, roe oiauee in iue uiuvu o-uuuu hlch provides that no m'j shall be drawn from Ihe treasury but In oonnrquence of appro-J priatiuna made by law, 11 nas oeen uooiucu, ex- ends to tho fcXECUTiva sun 10 mi uuicere vr cads of dcoartmenio upon whom it may de volve lo disburse Ihe publio funds. And in the tenth seotion, we find an enumeration of thu limitations of the powers of individual States, forbidding them to enter iuto any treaty, alliance, confederation; grant letters of marque nd reprisal; ooin luouey; emu ohm ui uieuu, &c; showing conclusively, that the article was not intended to provide only for those powers that appertain strictly to Coogress. If Ibe ause rogulating tne arawing 01 money irom the treasury applies to the 1'aisiDasT, why may not the habeas oorpus clause also apply v him' it me oouicxi. wouiu negative tuo pplicatiou of the one, it must also that of other, it win do iouuu, ioo,.on exam ination, that Ihe powers or congross are peoified or set torin not only in article rsl in oomoany with executive rights and limi tations, but in olhor parts of the Constiiution iu oSnneotion with an entirely different olass of powere; as, for example, in Ihe third Artiole on tbe judioial powers, in the fourth Artiole on isoellancous provisions, ana iu me aim Arti ole on amendments. Thus, in the third Artiole ou the judicial powers, Congress is authorized to ordain and establish from lime to time courts inferior lo Ibe Supreme Court to regulate thr nellale jurisdiction or the (Supreme louil, ud to dcolare the punishment of treason. In Article on miscellaneous provisions, Con- ress is empowered to presoribe by general las lbs manner in which ibe publio acts, records and judioial proceedings of the States shall te proved and the ctteot thereof to admit new elates into the Union, and lo dispose of and ake all needful rules and regulations respeot- g tbe territory or othor property belonging to the United Stales. It will be peroeived therefore lhat in the grouping or classification of the owers grautea under tne constitution, there has bsen, to a great extent, a mingling together of the powers vested by that instrument in the Berenl departments or the government. Ao- oordiugly, it oan do no violenoe to a fair-inter pretation, if the right or tbe executive to suspend the writ of habeas oorpus ia rleviveH from a olause that has been pieced in Ihe legislative artiole. Sursly, there is no more incongruity in e-Bifving in Ihe same article a power of the President with those of Congress, than there is in placing somo of tbe powers of Congress in tbe same artiole with thott of tbe Judiciary Lotus look now ror a row moments at lbs isiorv of this habeas oorpus clause. In the Federal Convention which was hold in Phila delphia in 1787, the committee of five, on Ibe 6th of August, reported the draft or a Constitution which was silent on the subject of sus pending tbe writ of habeas oorpus. Mr. l'mok- ney, luvibiwa, mn rmn ted to the House the following proposition, among others, to be referred to the oommitlee of detail : . . . . , -. "The privileges and benefit of the writ of V habeas oorpus shall bs enjoyed in the govern- " ment in tbe moet expeditious and ample man- "ner, and shall not be scspihdid bt the ( LKOisLsXTuaE, except upon the most UROKNT " and pressing occasions, and for a limited " time not exceceding months. ' What became or ibis proposition wnion gives the power to suspend the writ and leaves Ibe urgenoy and pressure of the occasion entirely to the legislative braooh? Coriainly it nover oommonded itself lo tbe approval of the Con venlion. It appears, that on the 28lh of Au guat, Uoverneur Morris moved to add as an amendmont to the fourth ssotion of the elev-onih artiole of the "draft" reported bv Ihe com milrbe of five, the following: "ihe privilege of the writ of habeas oorpus snail not be sus- pended unless wbexc, in oases of rebellion or invasion, the public safety may require it." And this amendment passed in the affirmative. But lo what did Ihe eleventh artiole relate? To the legislature? Ho, but to the JUDIoiAmv It was lo the artiole on Judicial powers that Mr. Morris moved his amendment, and it was among those powers that Ihe provision lor sua. nendioe the writ was luserlcd, and had it he en allowed lo remain there, we should now find it in the third, instead of the first, artiole. of our Constitution. It is significant, too, that the amendment, unlike the proposition of Mr. Pinck- nev. contains not a word as to the legislature but studiously omits everything tb.t might seem like granting the suspending power to that body, and, aa if proper discretion might not be used in judging what were t oe "most urgent and pressing occasions," sproifioally defines them lo be those of rebellion r,t Invasion. Why this malarial omission from Mr. Pinckney'i pro. position? Why such sating abandonment sf lbs entire proposition Itself? Is it not apt JOURNAL. . FEBRUARY 2, I8t3 to leave the impression, lhat it was Ihe sense ihs convention that tbe power under oonaidera- um was aoi 10 ne leu 10 congress, ana inai whosvor might exeroise it was to ba restrained nd hemmed in by the si not letter of Ibe grant to eertnuxtgsjeias4nd to them alone? It- true, Ihe habeas eo pus clause was transferred at length from its original 10 Ita present pool tion by Ihe committee appointed to revise tb Hyle of and arrange Ihe artioles agreed lo by the House; but that oommitlee waa oharged with what was more Vsa Iter of ores than of substancewith duties analogous to those of oar owe standing oommitlee on revision aad when their woik was done, the oarventlon aoeepled as only secondary lo ihs great task whioh was o-JW virtually accomplisnea. But. sir. apart from theee reasonings of oon t.st anJahiaturv. itmuat hava occurred to us all. . - " ..... . ., 11 si without -some one autnontea 10 eoi speeai- ly and altoac a ooaeptraoy might ripen to the o;mpieie.venp.row-Oi ine uoveromear! 11 me OOaBpirBLOra-WWfr UUt um tlHJlU.lll Wkn Ul detained, tnH Vgvesa bad first met and given meir ooceent. 11 wouiu naraiy d uemva vum. at a lima when Baltimore waa awarming with traitors and the national oapltal beleaguered by ths rebel hosts ibsssrompt and energetic aciion of the President, ju arresting and hold- g disloyal persons -before the assembling or Congress, saved tne state 01 niaryiana nsa narbaps even Washington from Ihe olulohee of the secessionists. It is vsry easy to talk of regularly convening both branches of ths Na tional Legislature before proceeding to orusa out treason; but, it is not impossible, It is not tnprobable, thai a rebellion might attain sack giant proportions as to render even a meeting of Congress utterly Impraotioabie. is ine ticou- ive then to ait paralyzed, wiin nis arms 101a I. watting like Micawner - lor armetning to turnup," and hoping to snsnra salvation by his masterly maotivityl Sir, suoh delay, suob dallying, suoh trifling, would bs an outrage which au Indignant people snouiti noi iorgoi ad oould never forgive. Under the Constitution, ths suspension of the writ of habeas oorpus ia made dependent, as we are seen, upou the existenoe ot rebellion or iavasloo. It is predicated npon a staie of hints whioh eoestiiules a iaoi to ba dsaarmta- ed: lbs raot bsing established, ine course 10 ne pursued remains no longer in doubt, now oan it be possible, that Ihe ohief magistrals of a groat nation, oooupving one of the most respon- tide aod elevated positions in toe world, is not to be trusted in determining tbe raot or the ex- wtenoe or non-existence of a rebellion or inva- ion? If ho is unworthy of that oonfidenoe, hen Ihe aot of 1795 which reoeived Ihe appro val of Washington was a most unwise and dan gerous pieee of legislation. By Ibat aot, it is made lawful for Ibe President, "wheoever Ihe United Statoa shall be invaded, or be in Itnml eut danger of invasion" from any foreign ation, 10 oan rortn suon number 01 ine raui-a, as he may judge necessary, lo repel such avaaion. He is not requirsd to issue nis can for an extra session of Congress ia order to ad out whether the exigency has arisen, bui, as it has been deoided by our higheet judicial ribunal. he is by the statute constituted in tbe Hrat instanoe Ihe judge of the existence of the facts, and he is bound lo aot according lo bis bolief of tbe facts, and thero is no provision made for an appeal irom or review or his opin ou. And eo, in reference lu ine manor 01 a noMisTio behellion. 1 submit, mere may eminent fitness in constituting he exeoutive tho judge of the existenoe of lhat act. Ho is sworn to ratlhluiiy exeoute toe taws, nd bv virtus of his otnoe, there are souroesof nformation open to btm, and means ot uisoote- 1 within bio rescti, wnion a legislative oouy ui never have, whose members live wide span vor a vast extont of country, and when not in seion are divested of .all powers, save those or e private citizen who for the most pari de vote their time and attention to other business callings, besides that of legislation who are nziet'd in their publio oapaoity only a pari of heir time, and when eo engaged are limned 10 e province or making lawe without regard to eir execution who oome together, too often nd almost generally as Ihe representatives of looul interests, from sections where dissimilar modes and nubile of thought prevail, many of them fresh from a partisan war, hampered by be ties of party, and thus In a great measure tiualified lo aot judicially or judiciously. file suspension of the writ of habeas corpus is my auxiliary to ins main onjeoi 01 snectuany iiibiluing those in arms agaioat th gor.m tneut. ' But, to acoompiien inis, matin mu uv l ine for whioh Cougressis wholly inemoient. it VIII not do to wait until a rebellion ia full blown beroro proceeding to put It down; it must he nipped in -the bud; tbe Catllinos must hniMMtd before thev have matured their oan- spiraor in Iho Senate and escaped: and for this end there is need of vigilanoe, of secrecy, of aotivily, of vigor, of energy, of decision, of dnanatoh: onallties which oharaoterise the pro ceedings of a single executive in a muoh more marked degree than the proceedings 01 a nu merous body of men. But, sir, wo nave been rrminaeu, mat i n England under monarohal rule, Ihe Parlia ment alone oan suspsnd ths writ of habeas oor pus, and that the caowx does not emoraoe wnn-in iu prerogative what lbs President has lately assumed in our republican government. The practice in England in this respect, nowever, Iocs not woagea any position wuion taken. The English and Amorloan people imler their respective polities have noted on the earns principle in guarding their inestimable Writ of Right. They have both declared, that the power to suspend it belongs only to themselves or their eipiesestatives. In the line oase, thoy aot through their representatives n Parliament, and in the other, whether acting brough Cougress or tne r resident iney aot manual! aoxbts or Tetia own ceeation. To permit this power to reside In the King, who by legal fiction ean do no wrong and oan never die, would be to place 11 aosoiuieiy ana icrever do. yond the control of the people; but to vost it in the President, is on the prinoiple of vesting it n Parliament, with (he exooption, lhat Parlia ment though partly of popular origin, beoomes omnipotent when assembled, whilo the Presi dents powers ate utnitea ana preeoriDea ny me Constitution. Tbe President is Iho representa tive of the entire nation not of a aingls congressional diBtriol, or like a Ssnator of a single sovereign State. He is in the fullest senss of the term Ihe servent of the whole people, and for that reason, one of the most invalnable popular privileges might be deemed safe in bis hands, as it has been deemed safe in Ihe hands of Ihe English raruameut, oui not 01 tne tog O.lj- th ,a.luus aunouies, ma high and extended prerogatives of the English Oown. direct and incidental, as compared with he limned powers 01 too rreeiuem unoer our Constitution, and it must be evident, that while the one might be a very dangerous ine other might be a safe repository of the power to suspend tbe writ of habeas corpus In times ,,f imminent danger to ths State. Those at tributes and prerogatives we need not nere de tail at length. They are familiar to the general reader. But, there is one lo which ws mild oall attention aa illustrative of this nn.nt Anil mBI IN. IDH LI1B V MUHU IU lUf Kiug lu ma yJll 111, ua aui j -ubxi-.u h,w tion. It is said he oan ao no wrong, ana w caterer is exceptionable in the oonduot of public affairs is not to be imputed to him, nor a Ae aniineraols for it pereonallu to hit people. If the people therefore are oppresssd, 11 tneir liberties are invaded, and the King will not of his own acoord desist from usurpation, thsir only ramadv must bs neaoeablo revolution, orjtne dread arbitrament of the sword. The pages of English history are lumimous, with tne memorable instanaes of the vindication bv the people of their rights, when invaded by sovereigns who sought to shield thsmselves behind Ibat fiotitious attribute of absolute perfeotion which the com mon law ascribes to royalty, bus ine t;onsn- tulion of ths United States reoognlzesno fictions that niav be tortured lo strengthen irrespon sible cower. The President is held to a striot niinihilitv in his administration of affairs. Those who elevate him to bis high place, through theit representatives in the popular branob of the national legislature nave am aoie puwc, ui impeachment, and on an impeaohment for and oonviotion of treason, bribery, or other high orimes and misdemeanors, he uust bo removed from offioe; and be disqualified to hold any office of honor, true! or profit under the United States; and also neoome liable and eubjeol lo indictment, trial, judgment and punishment, aooording to law. Wo aro not therefore reduced to the alternative of acquiescing in ths anoroaohmanta of tbe Exeoutive. or inaugura ting revolution; but under tho forms of Ihe Constitution, we may have a peaceful and ef fectual remedy for all our grievances a reme-dv too. so easy and so sure, that there oan be but little fear that any President with a sane mind will over make a deliberate attempt to trample npon tho rights, privileges and immunities secured to as by the law of the land. Furthermore, I desire it to bo observed, that notwithstanding Ihe extended prerogatives of the crown, tho Parliament of England has at NUMBER 211. various times' found II necessary to permit the "I ou nis rrivy council, in lime or peaoe, to arreet and bold free of bail suok men as were suspected of being engaged in treasnable practioer. Ths King not having that power viaruTiorricii ins railiameat has not basils led to devolve it npon him whenever tho coca sion has demanded it. And such procedure would appear lo indicate, that though aa wen. era! principles Ibo power in question was net u do aoinowieagea as residing In tho crows. yet, praclioally, when Ihe neoeesiiy arose, and there was good reason tor its exercise, it might ui exeoutea mora leasibly ana eflsotualiy through Ihs King aad his Privv Council than through any other obanaeL In other words, wnen the publio safety has required it, Parlia ment, ts meet tno smergenov. ftaa deemed it expedient lo do for the time being, what Ihe Amerioan people teem lobars done permanently by oar Constitution. There is. aa ia wall kno.. no written Constitution of England, and tbo ao tion of Parliament is as omnipotent and binding upon tut reaim as our written Constitution is upon our peoplr; lhat is to aay, the will of the Legialaturo is to the English nation what the Const itution of ths United Htates is to us, and tbe repeated aolion of Ihe one in referenoo lo sus pending the writ of habeas oorpus does not appear lo be at variance with tha settled nrovi- sions of ths other. Bui, Mr. Speaker. I hava detained (ha House much longer than I intended when 1 arose. I have attempted to examine the main legal question involved in theae resolulioae. For tho resolutions themselves with thsir preamble I oannot vote, for 1 regard them aa discourteous in their tone towards the Governor of the State. aad they furnish internal evidence of having been framed in an improper spirit. Moat cheerfully would I favor any reasonable and proper iuquiry into Ihe time, place aod manner of tbe alleged arrests of oilisens of Ohio suspected of disloyalty, and into all the oironmstanoes nonnested with their detention and discharge. And from suok an investigation ths Uovsrnor of Ohio is ths last man to shrink. His honesty of yarpose, nis nrmness ana decision of oharoa- fr, '.state patriotism and sagaeitv. will lead him I aursure rather to invite Iban lo evade such e tnqrrtrrr mud I bllve;"lhal hereafter, when party spiui snail nave somewoat died away, ven Iboffl who have led Ihe attaok in this debate, will in tbeir dispassionats moments, look baok upon his administra tion as furnishing Ihs material for one of Ibe moet honorable ohaplers In Ibe hislorr ol our Slate. Ho has been untiring in bis endeavors by day and by night to aid in putting down nis rebellion, ana as a legislative body, we lould not hesitate for a moment to givo ra our hsarty and oordial oo-operalion. Aud still further, let us not bs laggard in also giving to tho President our earnest support in halever measure, may be really neoeesary lo preserve, protect ana aetena lbs Constitution of the United Slates. It was tbe fear of Alexan der Hamilton, Ibat tbe time might oome, when tne federal uovernment would prove loo weak to withstand ths assaults of its enemies. That line, I am euro, has not yet arrived. There ie plentltnde or power still in reserve, and if Here ds a proper interpretation or tho Federal onstiiutioa with a corresponding action, ws nsed not fear the future. But, if we adopt ths glosses and interpretation of those who are lukc- arni lu defenoe or tbe National Government. and inaugurate suoh a policy as they would recommend, then indeed we may well turn our eyes from the prospect, lut pits ouch a unt il. Disaster and ruin may then come heavily pon us, aud our Ropublio oeaso forever lo be he pride and admiration of the world. CCO. C. MILLER '& SONS. tWectl) itreot, botwoan If lam I nd WaLnnl, cimmtNATi, MuDofaciareri of First Clt -i OARRIAOE8, no now on Mud a largo ootJ YariV'. a lock ot tbo latoat IjlasaConatincIeJ with ooprclol relroaoa to llLtat Weight with preatett 8retigth." "pon Bngbjlej, wolghlDg from 140 Ibo to WO ll. Ijs3DT ivp, ma duo Mr Rarer to nil tbo principal Liter y SMblvf tud fioraom? n of tbe cUt. Alao. aooond'band nl daw OarriaHoa. Bung a,f! orlnit Waffooa at vory low yrtcoa. irx:ey-.in UbPItlTK OH LinB,tOHARRBVVlRa kl stM-meotatton lu Oldar an4 Win. We hare tnAnn-tantnra) sai s.m a.irwi. - n. . pern ioor ymra, u in ao cane h?e wo known U to fall. Olttor oan be tormented ouUl It testes oxaotlt aa etrad. orl the for-iBxnUtloo immediate.? arrettedi. In o few Jsonre It will tettle perfectly olaor.od reniala tbo aame In flavor aod taulo Balpblteof Llinoli nofaeop, eMlly narmgrd nbalonoo, Insoluble nnttl acid prtwota I !(, and liupartlntt no nn-plrwMntfHsna. It arttlcsirst the bottom wltb tha lor. Tb .tiinsMi7' oe ooo who boa OMd Ilia mo amplietlo In Iti taror, that we feel .1 notified In otrj-fug that Ita uooeas to always onruln. we put it op in iuos. ooivinejMD odf Doiog ranJclont tern bnrreli aiaoael) in balk, mnj annatltj total, rarohao at a. RIHULPBITH Or LIMB, for notsrhom fine a rand Air. up Bmkart, in barrels, koe aod JtiRS, , ai. m. uuaiiufl as DOj.t UanofsKtarlng Ohamlsti oorl Dragg lit tt N. corner Uentrel Avenue ood JCUtbtb ireet Clnoln. inll, OMo. no.invs.. WM. GLENN SONS, WHOLESALE OHOOERB. lO tt Vint Stuet lit. Second $ Pearl Sle.t Oluolnnntl, W invite tbe nttenllon of merchants lo our Urgs ud well Assorted stock of Groceries, Tobacco, Cordage, Wood a Ware, 4c, which we offer at oloss rates to cash uyere. febl8.dlm SCALES. FAIRBANKS' STANDARD SCALES I! 01 ALL KINDS. Sold la Oolnml-a. b, K1LB0UBNS KUUM8 Co. awtba car. rat to bar obIj tba a.natue.sx Valuable Farm for Sale. 1HK FARM OF TH"M48 I. THOMAS, IN BAB. m.n TnmfM. m .- on. -"' - -. . cj iui .nie on ine TH DAY OF MARCH NEXT, Al or abont IS o'clock, M., on tba premlie., containing S4 acres Ml cleared. Good laud, with plenty ol rnoning water, uaw Doiiaingi, c., o. Terto.-One bell cash in hand, balance In Iwoequ.l anneal paymmu, ensured by a morlg.e on tba premier.. II not.oio, ennuV.' f.M-Sr Wm. FBSDBBIUK, HOLEN8HADE, MORRIS eX CO., MANUFACTURERS 01 Carriage Tire, Mathia, Flew AND ALL KINDS OF SCREW BOLTS. lMo. ftftS A. boo Centra. Avenue, OINOINNATI. ngT-Bpeaial attention given to the mannfao-lure of Bolts for Reaping Maohlnes, Mowing Machines, and for all other kinds of Agricultu. ral ImslsnienU. We make also Teeth for Thrashing Macbines of the best quality of Iron, and on the most favorable terms, tarrrlos Lists furnished on application. HOLENSHADE, M0BRI8 & CO. aovSSdSm Fish's Pu'fnt Narserj! OB NIGHT LAMP A TA A OOPTKB BOILBB-A.IAe from the elck room and Biireery, tt le admire-hlv adapted to the wanta of Htodrnte ol College, and nereon. txrdlog thameelvea, and when a conatant mp-1 r h.,t water u needed tea In barber ahup.1 m wamm 2UT .! te ceal ever awartrr of a caat 9r aowr. Patanted June ITtb, ISiS. .., , 4D6 Broad at., Oolumbiia, O. HILL, TILDE!V, BRISKER IIOFF Ana aruaauajasrrj, IMPORTERS AND JOBBERS OF SILK t FANCY DRY '.COODt; No, SIM Broadway, KewYork.t ,,i PaiLADEn,a"HlsADf-ERTlBlaC SjjpX'lXlmV --1BQ8. JAS. R. CAMPBELL & C0. Importer?, Jobbers ft letalleri DRY GOODS, til Chehleut-s'- rt.ila4e.mhla.-' luflto tba ettMillee f Ueb Buy ia taatr exaaavtve bock, cuBt.ie: Ua le-vast a4 rnt aValieM at)ls vi FANCY, BILK, AND ETAPLK DKT OOCDfl. titeh will ba sots by lbs blaca, or package, at a Serosa MM-aa. VANKIRK & CO.. MttBDfieturerg tj CHAN DELI ERS (GaSIFIXTURES. AND COAL OIL BURNER. - Haw alvVatyi sa haad a Has) - a(Morlment of French Bronset Figures and Ornaments. All Ooods aiarraaled equal In design and workmanship ( anr In Ihe country. D17ArohStreet, I'IilLAaLFHtA. -' "-' HIDE. OIL LEATHER STORI D. KIUKPATRICK it SONS, ' No. 31 8. Third Street, Bttiti Market and Chutnut Streett, Philadelphia, HAVE FOR SALE tiFANIBH AND GREEN SLAUGHTER HIDES, liAiuiia antr raina tu.ro, 'x&H-NfcRB' OIL, fto., AT THE LOWEST PRICES AND UPON THE BEoT TERMS. All klod. ol Laathtr In tba rough wanted, fcr watch the blgbMt niark.t pike will ba (Itso In cash, or takaa eaubaugo lur maw. beatber stored Oreo 01 obaraje aod IS OD cotuoil'SluD. ST Liberal Oasb Advance, made on Leather conslsasd tt u. lebT v OFFEE. COFFEE. COFFEE. BTLTLER'B PREPARED old liovernmtnt Jara Coffee IS A SUPERIOR ARTICLE I SUHPAHHINQ all properml or nogroiiocl Coffaes la Ibe mark.t. Tba us ol dt.llar's Ulil (ictveranant Jera Q jStw wll at once r.cuor. tits prejudices wblch bava bare l.t-rJa.tlr ezljbxt amODs; tbe ouDcnrac-rv of prepares Collate aothiux but tba pura.1 g-raea OoAVe Is used, ha. Injl broUKbt b.r uuilar bl. direct Importation, roasted at bi. owe mill., bv a new proCMS, by wblob tea par eaat.ls . vtd; tbl. ail) enable him at atl timas to auppr, tba pub tic at ooe-tblrd leas tba coat ol otb.r good Uoflaae. Btetler's Old Government Java Coflee Contain, no Dandelion, Bean., Pea., Oblcory, A.; hanoe require, no nlearlng matter, w Men ollan coat. a. moon the CJuSc Itaelf. Thl. CJoffee being aBttrel para, baj tlte earn, plraaant, heaUbfol, Invigorating, and beaesclel eltect. or oilier good Coltee. Jt need, but a trial to be appreciated by all torara of good Coffee. ror .ale oy all tna urocera in ina united aiaiaa. . WB-ltetall prior, SO cant, per pound. a) DEPOT, 232, ARCH STREET, feb&Vlj Philadelphia. - eT sola xi IS.. totlor, Importer and Dealer in O O 37" IT lil 3QJ , And Proprietor of UoverBiuent Steam Coflee MHIn. Walnut Street Wharf, Sohuylkill, . Uepot, aaa it root. feba-dly Philadelphia. ' Hides and sheep Pelts -M - ' ". ; WANTED. IBUNOn AND FH1LADKLPHIA OALf KIH. Red BoM Leather lor sale. -' . CHAMBERS A OATTELL, fobS-Soi No. 89 Hct lb Third Bt., f bllodelphle. 1863. SPRING. 1868. JOHNES, BERRY X CO-, (Bncoaasor to Abbott, Johnas a Co) ft'iT Market tt 534 Commerce Sty., PHILADELPHIA, lMPOSIUS AID JOBBERS Of Silks and Fancy Dry Goods ! Hnva now opened t large and nttraotlro) stock in DBEHH GOODS. Adapted lo tb. aeaeon. Ateo, a Ina sjaortmaal la WHITE GOODS, . B1BB0N8, GLOVES, " SHAWLS, &o IVIilcbtber otter OHKAF FOB CASH, and "solicit Ihs ait-mlon ot the trade. lobUdan PERRINE & DRYDEN, - MAMUrAOTVBIBS AID WHOLESALE DEALERS IH OARBON OIL. LAMPS 1 And Lamp Goods ol .11 Kind. I irr2 8. SECOND STREET, PHILADELPHIA. febadam THE GIRARD HOUSE I Xa.llca.elx 111 a. , HAVING BERN CIiOBKD FOB MOBB THAU TWO -t laaus, 10 oun Reopened as a Flrt-claM Hotel. PUBLIC PATRONAGE SOLICITED. BOABD PER DAY S3. 2d3m K AN A9A, FOWfclB A 00 ROCERS tt CEST. tXALIBa IN OLOTBB, TIMOTHY, OBOHABD. Hed Tod. Graaa. Garden and field Seed., Mo. Mak.t.treel, Philadelphia. Advance, niaae on coueignmeai. Hiriur 8 B. Oarnentar, In., (Toppan, Oarpen- .r A ilo..l Philadelohla and Mew York. Bobert Draper, Keq., Manager American Bank Note uompany. Putin- levpnta. lebSdlo HORSTMANN BROTHERS I CO. MtnurAoToasits asd inroTa or rrssseiatettioaa Iwordl, MILITARY & REGALIA GOODS, Teatrichal Decorations, TRIMMINGS FOR FANCY! DRESSES, FLAGS, BANNERS, &0., o. Filth A. Cherry rU., Philadelphia. Jan2ld3m C. T. HOLLOWAY, 3T Iioleaiivl Orooor, ASD VO MISSION MPBOBAUT, (VIJ5 Market Btreet, (north side, abovt Fifta-st. PHILADELPHIA. ooMdty R. ESTER8R00K & CO., Steel Pen Manulacturers. .tog area Btre.t, 1) .i .. .i r itu. trade and tba American oullc to the hot that Steel Pen. are made ' v t.y them e.in.1 In quality 10 the beat Imported el. tl-le.. CITY AND COUNTRY UBAumau applied on tne moat lavorabl. tame. Orders by avail promptly attaacM ts. Jan.in.dly PAYING OFF 1 AgSlSTAlll QCABTEtMASTMS' OmOB, CucuiATi, Jan. 21st, 1868. rnlAMBTSBS DISOHABOED FKOM MY IMriOY , I can obtain their pay tor DECKMBBB, by ailing at theoffl.e, No.T Ttn.1 Company Botldtjg, gn-nerl Ml and U.in attweta. JLT JiV o Bl aa-MI Wept, aad A.t). at

I i 5r HED1CAL. . LIVER COMPLAINT; M.iuitu.mrff teMMOWl of th Hit Imowiyataa tea tint OoapUisi. bt ita pMWIUr of U Llftr which f sow raf rr. to, Ofcrewae AMfcoa. m4 Mwlly .rli trot- fWi 1 oojn-ri teto of tbmt imvotUal ot ... ftoai .. tAw Ml u tt AclMft la Ma lit, or vilUUd la aumj, m tbe ntMMtitiltllliMiiM Iibms but Bun KMwrallytM ilini hi owing la oUtr-vcli jo or otcgsii g ap h im aacc or Dip which coBtn iho fnw Km Liwr tote Um bcwU, by odkM toB of or bioobb. or to bdbm com m gftli taao, couwdx ib Uto I bo throwa hack lalolho all bladder, from wbMOa H M ahwrbra by bbbmtom FpAll ftwU, which many It Into tbo TburaoW Dock, Too thai ram ap along lb aplao. mat tormtualM la ooo OOlpilHI HMII IBM IB wrgv worn vi -, Ha jaacUoB with Um foloa of IM boob aaa ag, 1 thoooa lb bit. m oobivjod to Iht hoart, aad InJ Milk ek. hLrenef Th ail ikatiiMrt fro Ita oroDor eonr-, aad dt oa alloc whoro It wat Botor ooaluaQ by tor, prodooto Bioch aad oiiaa diaasUvw AcU BBOB l-M hoallh of ta Individual. IU Eflecti Upoa Digestion w ik. M.t f kalik bi'o toBilt with thahtlf df mlW kiad.AMtnriUuoaratloa aevw taho placo DO' twcoa tbCbyU(tb milky liqaw whloh foraii lhablood) aad thooft portloot of tho feud dafigoad by Mior to t fjactod ir.Bi tb ojwrta r oiw, wnaa piwou. lMt.lM.Htth. klih fram tho nnboaltb pir Uooa, ! Ummbi mwf thai telo.urt or whKoof :. saparato wiaorcMt from .air tuaatir tho ry foul. of life 1 ftvn .to abanca, vltla-lad and oorrapttd. la thla eoBBcctloB, too aoro promloMt rmptuftu ro feeling of opproMloB npua tba atomath and cbl, a If prima aowa oy aTy wr 14121, hvuhip BTlgDWU OfBBBUf Low Spirits, Langrnor. omu f omm. oalkiiehol. raatloMBON and dlicontont Bdaaab-gtoowiBOBi of mlad, tlaotitoo- great dread ol Iroabla, aad a ditpttltlts to Biagiiuy rrtry otii wiiob groat watcafalBtoi.aod an Inability to lvp, and a.alB, not drowtlDMf, waariBOM, BMddiaiacUuailOB W Biutiou. . BtfOiatiBMa thar l a lualbUia of fuud. and at oUmu.b vonMloua appailia, tba food troqoontly bocumlng aour lm maAKXmm atur HMlA.vBjlkjWMl b aourOT hitter OrQCta tlM.a. OoauvaueH. or aliarnauly c llrtntM and dir- rhioa pravait tba patfe.1 fe fiaqueotly troubled with wind la tho atouaca aud bowoU, aud at tlmas u aunnyad with nrn.i mad froaan(lv With tho I'llat. TbIO ! alao IrrHA'toa, and friUcnily chronic lDtUaimaUwB of tho labor aurlaca of tba aiuiaach and bowvla, with lander-bOH ob prcMiua, and a aoroawM alt jak tUe lower edgo of How the Blood If Affected. The ooaiee parUcUa of tba bite Chu aitKad with the blood, reader H laipare, and more or kwa ocatrBcte tho Bono of tbaakla aod aaoaU-taaaeia, huco arlata va riooe dlaaaoae of tbaekln. each ea ryy" axsiBia, llaaiiiM H.JI Utmn Vaalclaa. Blottbat. 1 lUnota, fbn' pUa, ovarhnna, hoilae, bore JGyro, bore and Ulcere, of vetioaa bud Tba gala bocome bioroor weaymivw, au whoa tba diiaan le of I0U4 uoding, oftan vaty dare, aid aaa a dunrabU, dV(y. praoajr appaarauco, aad eoioeiloK thorafeapartaotlaawiloa. ;iha white vt Uta eyeaalao havo ft giaoa or lalidw tinge. Its Action rpon the KidneiSa Mora or laoa bile U ttrmtoed off from tba blood In Ita paaaago through the kidney, and la mixed wiib loo Brlna, which, by lie acrimony, prod oca pain la tba itmcAt aad acaid aud Irritate all toe urinary paouget. ' borne day the dtttliarge of ulna la profuae, and natural la appearance; and other time It la acanty, and tbo desire to evacuate It Criqaent and urgent, aud ocwlonally there la a total auDbreamion of it. KonieUm the eolol fe nearly whit and milky, but oaually it le high oolvred, rod or yellow, with a rank, oflenuve odor, aud often it la bloody. v- Tbo more erdloary nmptom of tbl dleeaae are of great variety, and may be ataiod a follow: OoutMaa or tun Lin as, tba tougue 1 ntuaily more or lee coated with a white or brown acurl, and lueie 1 often feeling of Oiillllbeae aod ooldneee of tho feet and fcnaof, and along the lneldo of taw .Mgbi; at tltu the face 1 floahad, and there la more or tern lever, eapeolally at alght, or In lb afternoon. Frequently there la a ejaoar, Uaukins Oooou, wiib a huk'nrei cl the throat, and eomeiimea a very turn, dry and bard cough, which ta often mletakM fr Uunomptlcn. TbM cough oiton oommeooea lu the letter part ol the nigUt, or eaily In the mom lug, and lt tvr hour, fiequeutly producing nanetm aud vomiting II their bo any expectoration, It it a tough, ropy, leuacloua phlegm, which adhere to v-rytbtug II louche. There are, alio, Ireqeeutly chruulo p lent lay palna lu tarloua part of the cheat, which ablft about from one part vf the hfoaat or lde to the other. Mnmillmni altrrairehirin la tho Liver, and preeslug u-ward on the Lnug". produce c-jnetriction aud cou((li, and breaking, dlecbeiKe their oonteota Into the Lunge, from wheuoelt must iben besetted by eip'W.oratlou, or the patient to deetioyed. Jiinally, to um up la a lew word A 79lhwt Duty, Qrtuy Skin, A Ytliovt, or Grew Tivgt qf the WhiU of iht Em s. An Aching Pain acrou tht Kidmytand Uipi, with Irritation or heat In dlKharalog urine ; enat(on of fulooasand dbitentlon aroa tbo abdomen, with ten-4emeaa 00 promuro ; Low4M 0 ttpiritt, Frightful IreurM, Acidity 9 Stomach, wltb other dyniieptlo ajinptoom, ( llou tfevor. Billloui Oollca. and Blllluu Diarrhwt and Oyaentarles, Obstloate wustlvenew, lntrmHlent aud Ke-mlttnt Fevet. Jauudlco, Fever aud Ague, Chill and Fever, Ac, all original fiou the aamocauM, A De ran red State of the Liver. Th moet aucMMful treatment le to glra the patient very nlcht on eoiug to bed, from two to Are J AYMC'd SAM ATI VC ribLa, orenouab of tbem to fueurooie, and not more than two evacuatloni from tbe bowela next morn 1 or. The doee of the Fill can be Increased or d. aoiolthrd at pleasure, eo ae to produoa the above f)ect, and their uae ebould be continued until a curs 1 coru-plated, alto, at theeme time, give Dr. JAYNaVd ALTH-A AT I VMS, three time a day, according to the direct ion, uuka there le a want of appetite, with weak net aud debility. or lynptorui of worm prevail, when luetead of the Altratlre, Rtve ateaepunnrul ot VKBNirtToa (nili. d wllb a Utile cold water, and ewontened to plttaee tbe taate,) about hlf an boor beforo each meal, until tree ymptoBM are ramofed, Baa II tnero Mould b cough or opproeeloo about the thioat or cbett. tuen give the ExrcToatNr a often and In auob dotee aa may be found naoeaaery to quiet the oougb aud naj expectoration Dr. V. JAVNN W)H8 tStmltf MHdn are pifre. only at U4U ilhemnt etreet, lhllndlphla, and are aold ol Oolumbn, Ohio, by (1. BOIIKUTH MUd 0, bOHUKLI.&lt, auid by Agont tbrougool tho oonntry, from whom ma lao be trt'tnlned, f'alii, yapae'l iltdioal Alnumne od 7MkU ( Unit. feblB IIOOK4AIVD 8TATIONRV. Zletxxcteill cj Aston HAVE ON BAND A Large aud Beautiful Stock or OF ALL DESCRIPTIONS, rROM 10 CEIVT8 to MO DOLLARS GILT AND ROSEWOOD, AND GILT OVALS, ROUND AND SQUARE FRAMES, Buitabl, for tlmoit ,07 Pioture yoa osji produoe Bring Tar Loose Plclnrts ret tba Ihrn Franed SUPERB PHOTOGRAPHS Being Urge, tni repreienling ,11 the Best end Fineet Kegraiinga end Pelnting EXTANT, Richly Fremed, end within the reeoh ef ell, end t one-fourth the prioe of Steel Engretinge. A General 8 took of BOOKS AND 8TATION.ERT At the Lowest Prloes, lwe on hend. Xl.Asictll Aaton'a. GROCERIES. YANKEE VEGETABLES! OODFIsn, "George B"V', No. 1 SALMON (New); jf No. 1 SHAD (New): W tf- 100 Kiti No. 1 MACKEREL; : 100 Kite No. 3 MACKEREL; MACKEREL in helf and qaetterblf, SMOKED SALMON; SMOKED HALIBUT; TONGUES AND BOUNDS, Id Store, em) for nle by W. H. KK8TIKADK, ,14 HM'RotiU, Hth mr WM. H. RESTIEAUX. NO. IOM SOUTH niGU STREET. OOLTJMBTJS OHIO DEALER IN FINE A ID STAP LI GROCERIES PRODUCE, PROVISIONS REIGN DOMESTIC LIQUORS, Fruit, Sell, Flour, Woodenwnre, eiOM KNAPP, OCCaLIST. fVWimarr erf Bnftalo.l baiBervor treats Dlaeaana of the , teatnet aad arte arHMil Itii wtthont naln, that awwe like 'be BBtBTal ayeat Ho. 867 Sooth High Street, ColaHba wu OSK Boar iroai a mk o'etooB. p. S. Dr. Knaeo'e Book oa tho It and Bar. leVed, or Bulled, fraa of obarfo, to ear ladlTfdaal who a a elaflj of eitaor or Utoaa orvaa. aooi aaiwi DK. G. A. BAILT OHIO "S VOLUME XXVI OHIO QTE JOURNAL MILITARY ARRESTS. Speech of Hon. F. J. Dlckman, of Cuyahoga Coealjr, Delivered In (he Ohio House el Repreaeu tailvei, Jao., 1863. Mb. SriiuB : Binoe theeo ireolulione rel- lire to the krreit of oitiient of Ohio were taken froa tho Ublo, I hero h4 too little opportunity for refleotion d intMUgetion, to praeume thnt the remark, whioh I be nbeut to offer, will tend in an degree to tbo enlightenment of the House. But, no much bee been snid from whioh I must dissent, I bri leer to preeu! nT Tiews ns briefly as I onn, sllhough I 0107 foil to add anything to the interest or inetruotireness of this debate. We have all listsned ettenUrelj to the elaborate speech of tho Honorable mem-1 br from i' airfield (Mr. Olds) who has just taken his seat. Ho has spread before us the ripe fruils of lime, and reeearoh, and perhaps of a saa eiperienoe, ana long Indignation, lie has beengraphio in his descriptions, and oogent in man; of his argumente, and I shall not enter upon the inquiry whether in the oonbneuent ana privations to which he has been subjectM, he has, or has not, been dealt with beyond his deserts; but, may we not oonclude, that muoh 01 the languags witoa ho has used was cm ployed in a figuratirs sense, and was not in- tenaea as a vehiolo for gram ana nnimpas sioned history. I eannot yet bolieTO that wo are now living in tho midst of frowning Bastiles orowded with tho in- nooeut violims of a worse than oriental despotism. I oanoot yet believe, that the Sinn ih Inquieition has been introduced into the United Htates that tho moment and oeore- cary of War and Governor ot Ohio are so many Torquemadae, who havo been eending tuair agents through the eountry to drag euspeoted persons from their firesides or their beds, thrust them Into dungeons, and ibfliot upon them in quisitorial tortures. Among the many Dlun Jers of the Administration which by some are reckoned as orimes. I eannot vet diseover tbe counterpart or uumae cachet; nor do 1 believe, that the liberties of tbe American otttxen at present nr in very great danger, unless ths sal suocess ot the rebellion shall pave the way for the overthrow of our system of govern ment. But I do believe, that a spirited man md impatient of restraint, of qutok impulses, and of keen aeneibtlily, may in time oome to feel, that even his own dwelling house is a speoies or Baatile if he is held there as a pus oner; and that the guards who keep him in duress, though gentle and humane, are ouly in quisitors under a milder name. Sir, 1 am ready to make due allowanoe for warm feelings aod impassioned utterances in relation lo persons ana places associated witn ones imprisonment. t am willing lo paraon much lo tbo spirit of liberty. with the statements now before me. 1 am not prepared to say that the oase of the Honorable gentleman has not been one or hardship. It is probable that under Ihs orders of the President reference to the suspending of the writ of habtat carom, mistakes have oeourred. and ill- advised arrests have been made of persons who though indiscreet were nevertheless loyal to the uovernruont. liut it is Important to lear in ind, Ibat no systems of human legislation, no oodes or constitutions oan be made absolutely perlcot'in their operation. We legislato on genoral principles, but there will always be exceptions whioh ths law has not contemplated, d in the exeootion of tbe law, in spile of the most oerefnl endeavors, there must often arise cases of individual hardship, which were un-foreoen, and for whioh uo provision oould be made. A man, for exntnple, is stteneoted of having oommi led a felony he is arrested on parte evldenoe; the grand jury find a true bill against him; and alter imprisouinout for weeks, and perhaps months, he is brouebt to trial, andproved innoocnl, beyond the shadow of a doubt. But beoause this is so, will you repeal all laws for the prevention and puniehmout of crime? Will you prdnounce the criminal code oppressive and tyrtnniciL beoauseain laudable tort to bring the guilty n; Justice, and protect sooiety, a auspioion, al first woll grounded, rests upon one who after a careful examination is de clared innocent? The suspension of ths writ of habeas oorpus in oases of rebellion or invasion expressly provided for in tbe Federal Consti tution -a provision, loo, that was not designed to remain a dead letter, but in the enforcement of which we must expect the same difficulties that arise in oarrying out other provisions of the Constitution or of statutory law. Tbe ma. ohinery for the suspension of this writ is new and strange to us, and as it has besn ussd but little among our people, it must not be surprising if all its parts and movements ars not at first absolutely perfect. I am not forgetful of the guarantees of personal liberty which every Englishman olaims his ninnrignt. ana which our fathers brought with them aa oolonista to this couutrv. The Great Charter, the Petition of Right, the Bill of Rights, in some respects tbe arohctype of our own Declaration of Independence, are safe guards of liberty which 1 admit must redound the everlasting honor of the bullish nation. But, while surveying the bulwarks of liberty ereotcd under our Constitution, lot it also ba remembered, that the same great oharter whioh seoures to every Amerioan oiticen the sacred .ghts of person and properly, at tbe same time permit the suspension of a most preoious privilege when the "puolio aaloty may re quire it." In article first, seotion ninth, of the Constitution of tbo United States, it is provided, that " Tbe privileges of the writ of habeas corpus shall not bs auspsnded, unless when in oases of rebellion or invasion the publio safety may require 11. it will not do ooutonded, that under this olause, either Congress or ths xeo-uliv oan repeal, abrogate or annul, either in peace or in war, the law giving tui waiT oa the writ lrsKbr. The law and the writ re maining intsot and saored, tbe design of tbe provision is evidently to tutpmd or fie up, as it were, the privilege of the writ on certain occasions, hot qknesally, but only to tboso persons who aro and will be dangorous to the pub lio satety it allowed to go at large. The suspension does not extend to the great body of the people, nor oan it be permitted in lime of peaoe; but under an exprees limitation to oases of rebellion or invaeion, it must be confined to those individuals who if unrostrained will imperil the publio safety. To save the life of the Itepublio, it Is designed Ibat there shall be a power that ean follow those who plot the overthrow of the government wherever Ihey go, and until the danger is passed prevent their discharge on bail or otherwise. The publio safely is the supreme law, and to it all other oonsiderations must yield. The existenoe of the nation is paramount and overrides all other terosts, and especially or those persons who ay reasonably bo suspected of disloyalty. 1 be Honorable membor from Licking (Mr. Smyth) lakes ths position, that the privilege of tbe writ ol nabeas oorpus oan never be sus pended except in those places where there is octual rebellion or invaeion. But does the laniuaae of the olause in the Constitution. hioh we have oited, impose any (erricoriat limits? Herorence is made to "oases but not 'places" of rebellion or invasion. In the letter of the olause, no other conditions prece dent to a suspsnsion of the writ are required save the existence of rebellion or invasion, and the exigencies or the publio Barely. To adopt the proposed territorial limitation, might make this provision of the Constitution in most Instances entirely inoperative. Suppose for il lustration, that mere is astual rebellion witb- in the bordors of Indiana, and the ringleaders make their esoapo into Ohio, will it bs insisted, that beoause no actual rebellion exists in Uhio, thev oannot be here held aa persons dangerous to the puDtio satety, ana inai no power exists under lbs olause we are oonsidering to prevent their discharge oa bail, notwithstanding they may prooeed immediately after their release to accomplish in our very midst what Ihey failed to do in the adjoining State? Shall tbe Executive in bis struggles 10 preserve, protect and defend the Constitution of tbe United States, be paralysed by such si oonstruoiion! - Shall that sacred instrument be shorn of its strength, and one of the obief means designed for ita preservation be oonvertcd iuto an agent for its deatrnouonr .cnaiiouooi na own seu-eueaain- ing arms ba mtde to strike a suicidal blow? No Sir, the framers of the Constitution, we be lieve intended lo provide for just snob eraer-genoicsaa the present, and to enable the otneers or tne government 10 lerrei 0111 a mgcrous ana drS'going men wherever louna anioug us, whether on to very spot of rebellion or at distance, and to thwart them m ths execution ot their plans by detaining them in custody nnlil they snonia become powerless 10 worn detriment to the publio safety. ' In eondemninc the recent policy of the Presi. dent and War Department, in arresting persons apposed la be engaged in discouraging enlist ments, it nas oeen ooutenaoo, uai toe writ 01 habeas oorpna ean never be suspended, except when a rroolaoation of martial law would bo Jnellnabla. Grant that this is so, merely for the TOLUMBUS, OHIO Fill OA Y-'MOKiN IN saka of argument, aad some there art, it is ea to say, whs might then inquire, whether lb rebellion does not furnish a justification fur such a proclamation, and consequently a fit 00-easion for the suspension of Ihe writ. Sinoe the lime when in anoionl Rome, Ihe lam people that retired to the Saored ileuutain in defenoe of liberty, tolerated for while, even a dictator, in order to quell oivil commotion, no nation's sxisteno was ever in (Tester peril than our's is at present, aad no oooasioa ean ever arise demanding more) atringent measures. Bui, sir, I ean dieeovor nothing: in the habeas corpus oiause 01 tne Uonsututlon, so oalled, that inseparably, or in any manner connects it with martial law. It might be very destrabl and aeoeesary for tbe publio Bifsiy to take away from a few persons for thsCfce being the privi lege of discharge on bail or otherwise, when it would be rash.'hich-handsd. and nnnardonabls. to abrogate the operation of lbs law of Ihe land in rerrrenoe to the entire bodv of the peo ple. Martial law, when proclaimed, would have suon an enect. 11 names with it dictatorial powers. It is vague and uncertain, despolii and tyrannical in its applioation. Measured only by the publio danger, It exists only in the breast of him who proclaims and exeoutea it But Ihe habeas oorpus olaue is passive rather man aouve in its operation, it goes not out to arrest, but detains after the arrest is made. lie office is restrioted. It declines to produoe before the oourt or judge awarding the writ the body of ths prisoner or person dsiaihsd, togeth er wild tne cause or nis caption or detention. It does not embrace, and was nsvsr intended lo embrace those extraordinary powers implied in the enforcement of martial law. Martial law may oarry with it a suspension of Ihe writ of nabeas corpus, yet, tne Constitution has provided for the latter in explicit language desig nating wnen 11 may be resorted to while tbe former has been left unmentioned, not even hinted at, and should only be proclaimed in Ihe midst' of those convulsions whioh threaten to upturn the very foundations of oivil society. As a puttherefotemay exist without the whole, as Ihe less may be detached from Ihe greater, s, the expediency of proclaiming martial law should not be, and cannot, under tbe Constitution, be allowed, to delermiue (he necessity of suspissatiig toe writ . .. . But we are told, that not only have oltiisns of Ohio been imprisoned and denied the privilege of tbe writ of habeas corpus, but that under orders issued by tbe President through the war department, tbey were arrested in the first instanoe without due process of law, and have been deprived of a speedy and public trial by an impartial jury. 1 do not profess to bo laminar with all the ctroumstanoes attending ths recent selxures of individuals whsther in this Staie or elsewhere. It may be, that the government, aottug tnrouth provost marshals and other agents, has made mistakes in mat.y instances. Nor do I stand here as Ihe -advo cate of arbitrary and illegal arrests, and if the humblest oitizeo, Ihroiis-b petty malice, parli- xan xeal, or a spirit of oppression, has been re strained or his liberty in tne slightest degree, then, let btm receive tbe amplest iniotnntnoa-tton. But, it is needless perhaps to remind you of what atl history aiteRts, that there are moments of aylrome peril, when the very existenoe of a nation demands that Ihe artificial forms and slow prooess of the law, suited to times of peace and order, shall for a while give way lo the overruling necessities of Ihe hour lo the dictates of self preservation lo (lie adoption of measures of the storuest and most enorgotio character. Such a dread emergency did not escape the wisuom and forooast of the framers of the Constitution. They knew that faction is I be bane of popular governments, that the best republics have boon ruined by demagogues, and they seem lo havo lifted Ilia veil of Ihe future, and oaiight a glimpse of Ihe disasters that might possibly oome upon us. For such a contingency, they did not omil to prepare and point out a wuy or deliverauuo, r it is made incumbent on Ihe Prseidenl in arltole second, scotiou first of tho Constitution, before entering on tho exeoulion of Ins office, lo tuke tbe oath or aHirmation, that ho will lo the best of bis ability, "priwrve, protnot and defnud the Constitution of the United Slates" that bs will save it, scouro it from injury, and guard it again! all attacks. Here is a tuigbly trust commuted to his ohsrgo a most solemn obligation imposed upon bim. Tho very life of e.nation is placed in bis btutls, and he is made responsible for its preservation. It is reasonable therefore to conoludt, that nmoug Ihe powers of the Executive, thoee will uooooeartly be implikd or taken ror granted that are oomuion-snrate with the great interests in his keeping and the important duties lo be. discharged, lo other wordi, in exacting tbe oath "to preserve, protect and defend," a delegation of powers lo do Ihe same must be implied from the nooeesily of the oase. And, as it his bean remarked by Mr. Juslioe Btory, tho Constitution does not oreate powers and oompol them to remain forever in a torpid, dormant, and paralytio slate. The hkans of execution are implied, fur without the substaooe of thepowor Ihe Constitution would be a dead letter. Besides, as set forth in the preamble, tbe Constitution of the United Stales has been ordained aud established by the people. It emanates from them; it is their own oreation their own offspring, and eing so, it will not be protended, that the people themselves in saving Ihe work of their own hands cannot put forth all ths powers of sov ereignty. Now who is ths President? He is, for the purposes undor consideration, ths agent of Ihe people supposed lo be selected for his wisdom and patriotism worthy of publio confidence of known exeoutive anility sworn to preserve, protcot and defend tbe Constitution, without restriction or qualification, and expeo-led by the nution lo do so, at every hazard and under all oonoeivable eiroumstanoes. Furthermore, tho Constitution, in artiols sec ond, seotion second, says that "the President shall be oommander in chief of the army and navy of the United States, and of the militia of the sovcral States when oalled into the actual service of the United States." Of Ibis office and its duties be oannot divost himself, nor oan Congress take from bim Ihe right to oommand the national army. By aot or Congress too, he himself is authorised to oall forth tbe militia, and thus by bringing them into actual service give completeness to his power. It would be a difficult task, before knowing what exigen cies may arise, to draw an exact line between the authorised and unauthorized powers of the hxeoutive, noting in the eapaeity of oommand er in ohief, But it is important to be observed among the powers and duties of tho President, that immediately loiiowing tne oath or otnoe required of him, be ia vested with his military power, thus, by juxtaposition, oonneoting its exorcise with the psxssevation of the Consti tution, and leaving it fairly to be inferred, that as oommander in ohief, he is olotbed with military authority amply sufficient when required, lo enable bim to do what he has sworn la do as Prosidcnt, and for which his oivil power has proved inadequate. I believe, thai when the alternative is Ihe perpetuity or over throw of our government, the military power of tbe Executive should bs proportioned to tbt magnitude or tbo Issue, it will be no excuse for him, in settling nis account with tho people, . . . I. . 1. t V. - I, . . k L-J I have preserved, proteoted and deteuded toe Constitution of the United States, but as opin ions were divided as to ths extent of powers inoident lo the office of commander in chief of the army and navy, he had ooncluded, under all the circumstances, to allow tne government to go to rum I do not deem It essential, at this point, to make the inquiry, whether the President may be the judge of the existonee of the necessary exiienor ron PXOCLAimsn MARTIAL LAW; for. thus tar. 1 tnins ne nas uonenoming wnicn he might not do without a resort to that extreme measure, wnen ucnerai j season prooiaimea martial law in New Orleans, Edward Livings ton gavs his written opinion on thesubjsot, and among other things said, in substance, that the Oeneral proolaims it at his risk and under his responsibility notonly to the Government but to'individuals. From that opinion taken aa a whole Ihe inference has been drawn that, when the necessity is sufficiently urgent, Ihe right to nroalalm martial law is inoidont to the powers of Ihe General in oommand, but that he must hold himself responsible ror any abuse or it The Supreme Court of the United Stales, in the case of Luther vs. Borden (17 How.) has de cided that a Stale may resort to ita military power to put down an armed insurrection when tbe oivil authority is not strong enough to control it that this power is indispensable to the existenoe of every government neoeesary to the pressrvalion of order and free institutions. And if this is the correct doctrine, when applied 16 the several Slates of the Union, we oertainly oannot refuse lis application to the Federal Government, when efforts are making for rrs subversion by rebellion and insurrection. It was in accordance with this right to use the military power in limes or emergenoy, that the Supreme Court, in the said case, held to be lawful the arrest of Luther, ellizen of Massachusetts, who was arrested as an aider and abettor of the Dorr rebellion in Rhode Island, without any Judlolal process issued, and by a mere military officer acting uader the military authority or (Le 1'rrs-tdenu in erusbing fbe conspiracy of Burr, which weighed only ae dust In the balance asm. pared with Ihe stupendous rebellion mw-Apes us, General Wilkinson, following the directions or Jenerson, and on the ground or public necen any, did not hesitate to arrest, without stvil pre oess, ihe ohtef aiders and abettors, aad yet no one will surely say that Ihe author or the feo- laratioa of Indepeudenos and of the Keolueky Resolutions and ihs foe of tbe Alien and Sedition laws was not a watchful 1 uardian of Ihe Con stitution, and most jealous la ihe defease or per sonal liberty. I know very wen that tne plea of neoctatiy is too apt to be need in oxtonuation of Ihe bom nn rarreuttble acts of usurpation too apt to bs made a cover for unlswfurand in defenaibls arrests, arrests upon loose ex parte affidavits or without any affidavits whatever, nd for words spoken. or written that are not disloyal, seditious, cr lending to discourage en lis! moots. If such arrests have been made ia Ohio or elsewhere, I reprobate tbem, and hope that Ihe people, at the first opportunity, will rise in their majesty and oonduuut. mem. nut I speak now of that alleged publio necessity which is glaring and palpable to all reasonable men, wnion nas neoome a nxea ana generally acknowledged fact a necessity, however, that may be loquired Into, and ir round to oa pretended, fictitious, and imaginary, may be fol lowed by a trial and impeachment of ihe Pres ident himself for malfeasance in omee, ana s visitation upon bis subordinates of the jnat pen alties of tbe law 1 do not believe in irrespon sible powei; and if, where the exercise of a sound discretion Is lodged, we find a grace be trayal of trait and violation or rights, the pub lic should at onos demand a reckoning, and ob tain the fullest indemnity for the past, and the amplest aeourity for ths future. j it Bui, Mr. tpeaker, there Is a question or great moment involved in the reeolution before the House, when regarded from a legal or oonatitu- looal stand poiut, and that is, whether the iKht to suspend the writ of habeas eorpns bs- lougs lo Congress, or the President whether it is a legislative or executive power. I am ware that there is high authority In the shape f judicial decisions and tba text of comrsmte- tors against vesting tbia power in the Presi dent; but there are also many enlightened liv ing jurists, who find lbs Constitution adapted to our present wants, and who have furnished solid aud oonvinoing arguments on the other side. The question, to say ths least, is an open one, and may fairly give rise to an honest dif ference or opinion, were there perfect uuanim- y in oonetruing this powsr to be sololy legis lative, the President might be relieved from uoh embarrassment and responsibility, al though, psradvenlure, at the expense of nation al ruin. But, as we have already ssd, there is not Ibis unanimity. There is a wile dis crepanoy of opinion, requiring a widely dif ferent policy; and suon being tne case, 1 aoem the duty of every crember or this House to favor that interpretation of the Constitution hich will best aid and strengthen the Eieou- ive in erusbiug the rebellion. This is no lime for those astute polittoal speculations that en courage indeoision and inaction. Keeping ituin the bounds 01 reason, we aemanu at this orisis a photical interpretation one that ill infuse inoreaeed life and energy into every department of the government, aod piove to he world, thai tne lonsinunon was uiaus oy 14 framers to reach every emergenoy and to lasl for ages. There is much in the oreed of bo strict oonstruotionisis wincn 1 am willing to adopt as my own, but 1 do not wish lo see Ihe Constitution rcuuoen 10 a state 01 iiuueouuy. With a task before us iu this war that might almost stagger a world in arms, I cannot he guided by those rules of oonstruoiion (hal might possibly, in the language of Chief Justice Mar ball, "cripple tbe government ana render 11 iiui.iil to Ibe onjeois ror wnion 11 is ucomreu o be instituted. The chief argument advanced, thus far, in behnlf of making the power lo suepeud Ihe writ of habeas corpus resido iu Congress, has been drawn from (be alleged fact, thai article first of the Constitution containing Ihe habeas oorpus olause is ooufined lo legislative powers exalusivoly. On Ihie point, I may take issue. is not true that tne wnote articio is rvsiricwu simply designating the powers'of Congress the limitations thereof. From the seventh ration of said article, Hie PsIssiuiht derives veto power or Ibe power lo npprove and nega- ve the laws, roe oiauee in iue uiuvu o-uuuu hlch provides that no m'j shall be drawn from Ihe treasury but In oonnrquence of appro-J priatiuna made by law, 11 nas oeen uooiucu, ex- ends to tho fcXECUTiva sun 10 mi uuicere vr cads of dcoartmenio upon whom it may de volve lo disburse Ihe publio funds. And in the tenth seotion, we find an enumeration of thu limitations of the powers of individual States, forbidding them to enter iuto any treaty, alliance, confederation; grant letters of marque nd reprisal; ooin luouey; emu ohm ui uieuu, &c; showing conclusively, that the article was not intended to provide only for those powers that appertain strictly to Coogress. If Ibe ause rogulating tne arawing 01 money irom the treasury applies to the 1'aisiDasT, why may not the habeas oorpus clause also apply v him' it me oouicxi. wouiu negative tuo pplicatiou of the one, it must also that of other, it win do iouuu, ioo,.on exam ination, that Ihe powers or congross are peoified or set torin not only in article rsl in oomoany with executive rights and limi tations, but in olhor parts of the Constiiution iu oSnneotion with an entirely different olass of powere; as, for example, in Ihe third Artiole on tbe judioial powers, in the fourth Artiole on isoellancous provisions, ana iu me aim Arti ole on amendments. Thus, in the third Artiole ou the judicial powers, Congress is authorized to ordain and establish from lime to time courts inferior lo Ibe Supreme Court to regulate thr nellale jurisdiction or the (Supreme louil, ud to dcolare the punishment of treason. In Article on miscellaneous provisions, Con- ress is empowered to presoribe by general las lbs manner in which ibe publio acts, records and judioial proceedings of the States shall te proved and the ctteot thereof to admit new elates into the Union, and lo dispose of and ake all needful rules and regulations respeot- g tbe territory or othor property belonging to the United Stales. It will be peroeived therefore lhat in the grouping or classification of the owers grautea under tne constitution, there has bsen, to a great extent, a mingling together of the powers vested by that instrument in the Berenl departments or the government. Ao- oordiugly, it oan do no violenoe to a fair-inter pretation, if the right or tbe executive to suspend the writ of habeas oorpus ia rleviveH from a olause that has been pieced in Ihe legislative artiole. Sursly, there is no more incongruity in e-Bifving in Ihe same article a power of the President with those of Congress, than there is in placing somo of tbe powers of Congress in tbe same artiole with thott of tbe Judiciary Lotus look now ror a row moments at lbs isiorv of this habeas oorpus clause. In the Federal Convention which was hold in Phila delphia in 1787, the committee of five, on Ibe 6th of August, reported the draft or a Constitution which was silent on the subject of sus pending tbe writ of habeas oorpus. Mr. l'mok- ney, luvibiwa, mn rmn ted to the House the following proposition, among others, to be referred to the oommitlee of detail : . . . . , -. "The privileges and benefit of the writ of V habeas oorpus shall bs enjoyed in the govern- " ment in tbe moet expeditious and ample man- "ner, and shall not be scspihdid bt the ( LKOisLsXTuaE, except upon the most UROKNT " and pressing occasions, and for a limited " time not exceceding months. ' What became or ibis proposition wnion gives the power to suspend the writ and leaves Ibe urgenoy and pressure of the occasion entirely to the legislative braooh? Coriainly it nover oommonded itself lo tbe approval of the Con venlion. It appears, that on the 28lh of Au guat, Uoverneur Morris moved to add as an amendmont to the fourth ssotion of the elev-onih artiole of the "draft" reported bv Ihe com milrbe of five, the following: "ihe privilege of the writ of habeas oorpus snail not be sus- pended unless wbexc, in oases of rebellion or invasion, the public safety may require it." And this amendment passed in the affirmative. But lo what did Ihe eleventh artiole relate? To the legislature? Ho, but to the JUDIoiAmv It was lo the artiole on Judicial powers that Mr. Morris moved his amendment, and it was among those powers that Ihe provision lor sua. nendioe the writ was luserlcd, and had it he en allowed lo remain there, we should now find it in the third, instead of the first, artiole. of our Constitution. It is significant, too, that the amendment, unlike the proposition of Mr. Pinck- nev. contains not a word as to the legislature but studiously omits everything tb.t might seem like granting the suspending power to that body, and, aa if proper discretion might not be used in judging what were t oe "most urgent and pressing occasions," sproifioally defines them lo be those of rebellion r,t Invasion. Why this malarial omission from Mr. Pinckney'i pro. position? Why such sating abandonment sf lbs entire proposition Itself? Is it not apt JOURNAL. . FEBRUARY 2, I8t3 to leave the impression, lhat it was Ihe sense ihs convention that tbe power under oonaidera- um was aoi 10 ne leu 10 congress, ana inai whosvor might exeroise it was to ba restrained nd hemmed in by the si not letter of Ibe grant to eertnuxtgsjeias4nd to them alone? It- true, Ihe habeas eo pus clause was transferred at length from its original 10 Ita present pool tion by Ihe committee appointed to revise tb Hyle of and arrange Ihe artioles agreed lo by the House; but that oommitlee waa oharged with what was more Vsa Iter of ores than of substancewith duties analogous to those of oar owe standing oommitlee on revision aad when their woik was done, the oarventlon aoeepled as only secondary lo ihs great task whioh was o-JW virtually accomplisnea. But. sir. apart from theee reasonings of oon t.st anJahiaturv. itmuat hava occurred to us all. . - " ..... . ., 11 si without -some one autnontea 10 eoi speeai- ly and altoac a ooaeptraoy might ripen to the o;mpieie.venp.row-Oi ine uoveromear! 11 me OOaBpirBLOra-WWfr UUt um tlHJlU.lll Wkn Ul detained, tnH Vgvesa bad first met and given meir ooceent. 11 wouiu naraiy d uemva vum. at a lima when Baltimore waa awarming with traitors and the national oapltal beleaguered by ths rebel hosts ibsssrompt and energetic aciion of the President, ju arresting and hold- g disloyal persons -before the assembling or Congress, saved tne state 01 niaryiana nsa narbaps even Washington from Ihe olulohee of the secessionists. It is vsry easy to talk of regularly convening both branches of ths Na tional Legislature before proceeding to orusa out treason; but, it is not impossible, It is not tnprobable, thai a rebellion might attain sack giant proportions as to render even a meeting of Congress utterly Impraotioabie. is ine ticou- ive then to ait paralyzed, wiin nis arms 101a I. watting like Micawner - lor armetning to turnup," and hoping to snsnra salvation by his masterly maotivityl Sir, suoh delay, suob dallying, suoh trifling, would bs an outrage which au Indignant people snouiti noi iorgoi ad oould never forgive. Under the Constitution, ths suspension of the writ of habeas oorpus ia made dependent, as we are seen, upou the existenoe ot rebellion or iavasloo. It is predicated npon a staie of hints whioh eoestiiules a iaoi to ba dsaarmta- ed: lbs raot bsing established, ine course 10 ne pursued remains no longer in doubt, now oan it be possible, that Ihe ohief magistrals of a groat nation, oooupving one of the most respon- tide aod elevated positions in toe world, is not to be trusted in determining tbe raot or the ex- wtenoe or non-existence of a rebellion or inva- ion? If ho is unworthy of that oonfidenoe, hen Ihe aot of 1795 which reoeived Ihe appro val of Washington was a most unwise and dan gerous pieee of legislation. By Ibat aot, it is made lawful for Ibe President, "wheoever Ihe United Statoa shall be invaded, or be in Itnml eut danger of invasion" from any foreign ation, 10 oan rortn suon number 01 ine raui-a, as he may judge necessary, lo repel such avaaion. He is not requirsd to issue nis can for an extra session of Congress ia order to ad out whether the exigency has arisen, bui, as it has been deoided by our higheet judicial ribunal. he is by the statute constituted in tbe Hrat instanoe Ihe judge of the existence of the facts, and he is bound lo aot according lo bis bolief of tbe facts, and thero is no provision made for an appeal irom or review or his opin ou. And eo, in reference lu ine manor 01 a noMisTio behellion. 1 submit, mere may eminent fitness in constituting he exeoutive tho judge of the existenoe of lhat act. Ho is sworn to ratlhluiiy exeoute toe taws, nd bv virtus of his otnoe, there are souroesof nformation open to btm, and means ot uisoote- 1 within bio rescti, wnion a legislative oouy ui never have, whose members live wide span vor a vast extont of country, and when not in seion are divested of .all powers, save those or e private citizen who for the most pari de vote their time and attention to other business callings, besides that of legislation who are nziet'd in their publio oapaoity only a pari of heir time, and when eo engaged are limned 10 e province or making lawe without regard to eir execution who oome together, too often nd almost generally as Ihe representatives of looul interests, from sections where dissimilar modes and nubile of thought prevail, many of them fresh from a partisan war, hampered by be ties of party, and thus In a great measure tiualified lo aot judicially or judiciously. file suspension of the writ of habeas corpus is my auxiliary to ins main onjeoi 01 snectuany iiibiluing those in arms agaioat th gor.m tneut. ' But, to acoompiien inis, matin mu uv l ine for whioh Cougressis wholly inemoient. it VIII not do to wait until a rebellion ia full blown beroro proceeding to put It down; it must he nipped in -the bud; tbe Catllinos must hniMMtd before thev have matured their oan- spiraor in Iho Senate and escaped: and for this end there is need of vigilanoe, of secrecy, of aotivily, of vigor, of energy, of decision, of dnanatoh: onallties which oharaoterise the pro ceedings of a single executive in a muoh more marked degree than the proceedings 01 a nu merous body of men. But, sir, wo nave been rrminaeu, mat i n England under monarohal rule, Ihe Parlia ment alone oan suspsnd ths writ of habeas oor pus, and that the caowx does not emoraoe wnn-in iu prerogative what lbs President has lately assumed in our republican government. The practice in England in this respect, nowever, Iocs not woagea any position wuion taken. The English and Amorloan people imler their respective polities have noted on the earns principle in guarding their inestimable Writ of Right. They have both declared, that the power to suspend it belongs only to themselves or their eipiesestatives. In the line oase, thoy aot through their representatives n Parliament, and in the other, whether acting brough Cougress or tne r resident iney aot manual! aoxbts or Tetia own ceeation. To permit this power to reside In the King, who by legal fiction ean do no wrong and oan never die, would be to place 11 aosoiuieiy ana icrever do. yond the control of the people; but to vost it in the President, is on the prinoiple of vesting it n Parliament, with (he exooption, lhat Parlia ment though partly of popular origin, beoomes omnipotent when assembled, whilo the Presi dents powers ate utnitea ana preeoriDea ny me Constitution. Tbe President is Iho representa tive of the entire nation not of a aingls congressional diBtriol, or like a Ssnator of a single sovereign State. He is in the fullest senss of the term Ihe servent of the whole people, and for that reason, one of the most invalnable popular privileges might be deemed safe in bis hands, as it has been deemed safe in Ihe hands of Ihe English raruameut, oui not 01 tne tog O.lj- th ,a.luus aunouies, ma high and extended prerogatives of the English Oown. direct and incidental, as compared with he limned powers 01 too rreeiuem unoer our Constitution, and it must be evident, that while the one might be a very dangerous ine other might be a safe repository of the power to suspend tbe writ of habeas corpus In times ,,f imminent danger to ths State. Those at tributes and prerogatives we need not nere de tail at length. They are familiar to the general reader. But, there is one lo which ws mild oall attention aa illustrative of this nn.nt Anil mBI IN. IDH LI1B V MUHU IU lUf Kiug lu ma yJll 111, ua aui j -ubxi-.u h,w tion. It is said he oan ao no wrong, ana w caterer is exceptionable in the oonduot of public affairs is not to be imputed to him, nor a Ae aniineraols for it pereonallu to hit people. If the people therefore are oppresssd, 11 tneir liberties are invaded, and the King will not of his own acoord desist from usurpation, thsir only ramadv must bs neaoeablo revolution, orjtne dread arbitrament of the sword. The pages of English history are lumimous, with tne memorable instanaes of the vindication bv the people of their rights, when invaded by sovereigns who sought to shield thsmselves behind Ibat fiotitious attribute of absolute perfeotion which the com mon law ascribes to royalty, bus ine t;onsn- tulion of ths United States reoognlzesno fictions that niav be tortured lo strengthen irrespon sible cower. The President is held to a striot niinihilitv in his administration of affairs. Those who elevate him to bis high place, through theit representatives in the popular branob of the national legislature nave am aoie puwc, ui impeachment, and on an impeaohment for and oonviotion of treason, bribery, or other high orimes and misdemeanors, he uust bo removed from offioe; and be disqualified to hold any office of honor, true! or profit under the United States; and also neoome liable and eubjeol lo indictment, trial, judgment and punishment, aooording to law. Wo aro not therefore reduced to the alternative of acquiescing in ths anoroaohmanta of tbe Exeoutive. or inaugura ting revolution; but under tho forms of Ihe Constitution, we may have a peaceful and ef fectual remedy for all our grievances a reme-dv too. so easy and so sure, that there oan be but little fear that any President with a sane mind will over make a deliberate attempt to trample npon tho rights, privileges and immunities secured to as by the law of the land. Furthermore, I desire it to bo observed, that notwithstanding Ihe extended prerogatives of the crown, tho Parliament of England has at NUMBER 211. various times' found II necessary to permit the "I ou nis rrivy council, in lime or peaoe, to arreet and bold free of bail suok men as were suspected of being engaged in treasnable practioer. Ths King not having that power viaruTiorricii ins railiameat has not basils led to devolve it npon him whenever tho coca sion has demanded it. And such procedure would appear lo indicate, that though aa wen. era! principles Ibo power in question was net u do aoinowieagea as residing In tho crows. yet, praclioally, when Ihe neoeesiiy arose, and there was good reason tor its exercise, it might ui exeoutea mora leasibly ana eflsotualiy through Ihs King aad his Privv Council than through any other obanaeL In other words, wnen the publio safety has required it, Parlia ment, ts meet tno smergenov. ftaa deemed it expedient lo do for the time being, what Ihe Amerioan people teem lobars done permanently by oar Constitution. There is. aa ia wall kno.. no written Constitution of England, and tbo ao tion of Parliament is as omnipotent and binding upon tut reaim as our written Constitution is upon our peoplr; lhat is to aay, the will of the Legialaturo is to the English nation what the Const itution of ths United Htates is to us, and tbe repeated aolion of Ihe one in referenoo lo sus pending the writ of habeas oorpus does not appear lo be at variance with tha settled nrovi- sions of ths other. Bui, Mr. Speaker. I hava detained (ha House much longer than I intended when 1 arose. I have attempted to examine the main legal question involved in theae resolulioae. For tho resolutions themselves with thsir preamble I oannot vote, for 1 regard them aa discourteous in their tone towards the Governor of the State. aad they furnish internal evidence of having been framed in an improper spirit. Moat cheerfully would I favor any reasonable and proper iuquiry into Ihe time, place aod manner of tbe alleged arrests of oilisens of Ohio suspected of disloyalty, and into all the oironmstanoes nonnested with their detention and discharge. And from suok an investigation ths Uovsrnor of Ohio is ths last man to shrink. His honesty of yarpose, nis nrmness ana decision of oharoa- fr, '.state patriotism and sagaeitv. will lead him I aursure rather to invite Iban lo evade such e tnqrrtrrr mud I bllve;"lhal hereafter, when party spiui snail nave somewoat died away, ven Iboffl who have led Ihe attaok in this debate, will in tbeir dispassionats moments, look baok upon his administra tion as furnishing Ihs material for one of Ibe moet honorable ohaplers In Ibe hislorr ol our Slate. Ho has been untiring in bis endeavors by day and by night to aid in putting down nis rebellion, ana as a legislative body, we lould not hesitate for a moment to givo ra our hsarty and oordial oo-operalion. Aud still further, let us not bs laggard in also giving to tho President our earnest support in halever measure, may be really neoeesary lo preserve, protect ana aetena lbs Constitution of the United Slates. It was tbe fear of Alexan der Hamilton, Ibat tbe time might oome, when tne federal uovernment would prove loo weak to withstand ths assaults of its enemies. That line, I am euro, has not yet arrived. There ie plentltnde or power still in reserve, and if Here ds a proper interpretation or tho Federal onstiiutioa with a corresponding action, ws nsed not fear the future. But, if we adopt ths glosses and interpretation of those who are lukc- arni lu defenoe or tbe National Government. and inaugurate suoh a policy as they would recommend, then indeed we may well turn our eyes from the prospect, lut pits ouch a unt il. Disaster and ruin may then come heavily pon us, aud our Ropublio oeaso forever lo be he pride and admiration of the world. CCO. C. MILLER '& SONS. tWectl) itreot, botwoan If lam I nd WaLnnl, cimmtNATi, MuDofaciareri of First Clt -i OARRIAOE8, no now on Mud a largo ootJ YariV'. a lock ot tbo latoat IjlasaConatincIeJ with ooprclol relroaoa to llLtat Weight with preatett 8retigth." "pon Bngbjlej, wolghlDg from 140 Ibo to WO ll. Ijs3DT ivp, ma duo Mr Rarer to nil tbo principal Liter y SMblvf tud fioraom? n of tbe cUt. Alao. aooond'band nl daw OarriaHoa. Bung a,f! orlnit Waffooa at vory low yrtcoa. irx:ey-.in UbPItlTK OH LinB,tOHARRBVVlRa kl stM-meotatton lu Oldar an4 Win. We hare tnAnn-tantnra) sai s.m a.irwi. - n. . pern ioor ymra, u in ao cane h?e wo known U to fall. Olttor oan be tormented ouUl It testes oxaotlt aa etrad. orl the for-iBxnUtloo immediate.? arrettedi. In o few Jsonre It will tettle perfectly olaor.od reniala tbo aame In flavor aod taulo Balpblteof Llinoli nofaeop, eMlly narmgrd nbalonoo, Insoluble nnttl acid prtwota I !(, and liupartlntt no nn-plrwMntfHsna. It arttlcsirst the bottom wltb tha lor. Tb .tiinsMi7' oe ooo who boa OMd Ilia mo amplietlo In Iti taror, that we feel .1 notified In otrj-fug that Ita uooeas to always onruln. we put it op in iuos. ooivinejMD odf Doiog ranJclont tern bnrreli aiaoael) in balk, mnj annatltj total, rarohao at a. RIHULPBITH Or LIMB, for notsrhom fine a rand Air. up Bmkart, in barrels, koe aod JtiRS, , ai. m. uuaiiufl as DOj.t UanofsKtarlng Ohamlsti oorl Dragg lit tt N. corner Uentrel Avenue ood JCUtbtb ireet Clnoln. inll, OMo. no.invs.. WM. GLENN SONS, WHOLESALE OHOOERB. lO tt Vint Stuet lit. Second $ Pearl Sle.t Oluolnnntl, W invite tbe nttenllon of merchants lo our Urgs ud well Assorted stock of Groceries, Tobacco, Cordage, Wood a Ware, 4c, which we offer at oloss rates to cash uyere. febl8.dlm SCALES. FAIRBANKS' STANDARD SCALES I! 01 ALL KINDS. Sold la Oolnml-a. b, K1LB0UBNS KUUM8 Co. awtba car. rat to bar obIj tba a.natue.sx Valuable Farm for Sale. 1HK FARM OF TH"M48 I. THOMAS, IN BAB. m.n TnmfM. m .- on. -"' - -. . cj iui .nie on ine TH DAY OF MARCH NEXT, Al or abont IS o'clock, M., on tba premlie., containing S4 acres Ml cleared. Good laud, with plenty ol rnoning water, uaw Doiiaingi, c., o. Terto.-One bell cash in hand, balance In Iwoequ.l anneal paymmu, ensured by a morlg.e on tba premier.. II not.oio, ennuV.' f.M-Sr Wm. FBSDBBIUK, HOLEN8HADE, MORRIS eX CO., MANUFACTURERS 01 Carriage Tire, Mathia, Flew AND ALL KINDS OF SCREW BOLTS. lMo. ftftS A. boo Centra. Avenue, OINOINNATI. ngT-Bpeaial attention given to the mannfao-lure of Bolts for Reaping Maohlnes, Mowing Machines, and for all other kinds of Agricultu. ral ImslsnienU. We make also Teeth for Thrashing Macbines of the best quality of Iron, and on the most favorable terms, tarrrlos Lists furnished on application. HOLENSHADE, M0BRI8 & CO. aovSSdSm Fish's Pu'fnt Narserj! OB NIGHT LAMP A TA A OOPTKB BOILBB-A.IAe from the elck room and Biireery, tt le admire-hlv adapted to the wanta of Htodrnte ol College, and nereon. txrdlog thameelvea, and when a conatant mp-1 r h.,t water u needed tea In barber ahup.1 m wamm 2UT .! te ceal ever awartrr of a caat 9r aowr. Patanted June ITtb, ISiS. .., , 4D6 Broad at., Oolumbiia, O. HILL, TILDE!V, BRISKER IIOFF Ana aruaauajasrrj, IMPORTERS AND JOBBERS OF SILK t FANCY DRY '.COODt; No, SIM Broadway, KewYork.t ,,i PaiLADEn,a"HlsADf-ERTlBlaC SjjpX'lXlmV --1BQ8. JAS. R. CAMPBELL & C0. Importer?, Jobbers ft letalleri DRY GOODS, til Chehleut-s'- rt.ila4e.mhla.-' luflto tba ettMillee f Ueb Buy ia taatr exaaavtve bock, cuBt.ie: Ua le-vast a4 rnt aValieM at)ls vi FANCY, BILK, AND ETAPLK DKT OOCDfl. titeh will ba sots by lbs blaca, or package, at a Serosa MM-aa. VANKIRK & CO.. MttBDfieturerg tj CHAN DELI ERS (GaSIFIXTURES. AND COAL OIL BURNER. - Haw alvVatyi sa haad a Has) - a(Morlment of French Bronset Figures and Ornaments. All Ooods aiarraaled equal In design and workmanship ( anr In Ihe country. D17ArohStreet, I'IilLAaLFHtA. -' "-' HIDE. OIL LEATHER STORI D. KIUKPATRICK it SONS, ' No. 31 8. Third Street, Bttiti Market and Chutnut Streett, Philadelphia, HAVE FOR SALE tiFANIBH AND GREEN SLAUGHTER HIDES, liAiuiia antr raina tu.ro, 'x&H-NfcRB' OIL, fto., AT THE LOWEST PRICES AND UPON THE BEoT TERMS. All klod. ol Laathtr In tba rough wanted, fcr watch the blgbMt niark.t pike will ba (Itso In cash, or takaa eaubaugo lur maw. beatber stored Oreo 01 obaraje aod IS OD cotuoil'SluD. ST Liberal Oasb Advance, made on Leather conslsasd tt u. lebT v OFFEE. COFFEE. COFFEE. BTLTLER'B PREPARED old liovernmtnt Jara Coffee IS A SUPERIOR ARTICLE I SUHPAHHINQ all properml or nogroiiocl Coffaes la Ibe mark.t. Tba us ol dt.llar's Ulil (ictveranant Jera Q jStw wll at once r.cuor. tits prejudices wblch bava bare l.t-rJa.tlr ezljbxt amODs; tbe ouDcnrac-rv of prepares Collate aothiux but tba pura.1 g-raea OoAVe Is used, ha. Injl broUKbt b.r uuilar bl. direct Importation, roasted at bi. owe mill., bv a new proCMS, by wblob tea par eaat.ls . vtd; tbl. ail) enable him at atl timas to auppr, tba pub tic at ooe-tblrd leas tba coat ol otb.r good Uoflaae. Btetler's Old Government Java Coflee Contain, no Dandelion, Bean., Pea., Oblcory, A.; hanoe require, no nlearlng matter, w Men ollan coat. a. moon the CJuSc Itaelf. Thl. CJoffee being aBttrel para, baj tlte earn, plraaant, heaUbfol, Invigorating, and beaesclel eltect. or oilier good Coltee. Jt need, but a trial to be appreciated by all torara of good Coffee. ror .ale oy all tna urocera in ina united aiaiaa. . WB-ltetall prior, SO cant, per pound. a) DEPOT, 232, ARCH STREET, feb&Vlj Philadelphia. - eT sola xi IS.. totlor, Importer and Dealer in O O 37" IT lil 3QJ , And Proprietor of UoverBiuent Steam Coflee MHIn. Walnut Street Wharf, Sohuylkill, . Uepot, aaa it root. feba-dly Philadelphia. ' Hides and sheep Pelts -M - ' ". ; WANTED. IBUNOn AND FH1LADKLPHIA OALf KIH. Red BoM Leather lor sale. -' . CHAMBERS A OATTELL, fobS-Soi No. 89 Hct lb Third Bt., f bllodelphle. 1863. SPRING. 1868. JOHNES, BERRY X CO-, (Bncoaasor to Abbott, Johnas a Co) ft'iT Market tt 534 Commerce Sty., PHILADELPHIA, lMPOSIUS AID JOBBERS Of Silks and Fancy Dry Goods ! Hnva now opened t large and nttraotlro) stock in DBEHH GOODS. Adapted lo tb. aeaeon. Ateo, a Ina sjaortmaal la WHITE GOODS, . B1BB0N8, GLOVES, " SHAWLS, &o IVIilcbtber otter OHKAF FOB CASH, and "solicit Ihs ait-mlon ot the trade. lobUdan PERRINE & DRYDEN, - MAMUrAOTVBIBS AID WHOLESALE DEALERS IH OARBON OIL. LAMPS 1 And Lamp Goods ol .11 Kind. I irr2 8. SECOND STREET, PHILADELPHIA. febadam THE GIRARD HOUSE I Xa.llca.elx 111 a. , HAVING BERN CIiOBKD FOB MOBB THAU TWO -t laaus, 10 oun Reopened as a Flrt-claM Hotel. PUBLIC PATRONAGE SOLICITED. BOABD PER DAY S3. 2d3m K AN A9A, FOWfclB A 00 ROCERS tt CEST. tXALIBa IN OLOTBB, TIMOTHY, OBOHABD. Hed Tod. Graaa. Garden and field Seed., Mo. Mak.t.treel, Philadelphia. Advance, niaae on coueignmeai. Hiriur 8 B. Oarnentar, In., (Toppan, Oarpen- .r A ilo..l Philadelohla and Mew York. Bobert Draper, Keq., Manager American Bank Note uompany. Putin- levpnta. lebSdlo HORSTMANN BROTHERS I CO. MtnurAoToasits asd inroTa or rrssseiatettioaa Iwordl, MILITARY & REGALIA GOODS, Teatrichal Decorations, TRIMMINGS FOR FANCY! DRESSES, FLAGS, BANNERS, &0., o. Filth A. Cherry rU., Philadelphia. Jan2ld3m C. T. HOLLOWAY, 3T Iioleaiivl Orooor, ASD VO MISSION MPBOBAUT, (VIJ5 Market Btreet, (north side, abovt Fifta-st. PHILADELPHIA. ooMdty R. ESTER8R00K & CO., Steel Pen Manulacturers. .tog area Btre.t, 1) .i .. .i r itu. trade and tba American oullc to the hot that Steel Pen. are made ' v t.y them e.in.1 In quality 10 the beat Imported el. tl-le.. CITY AND COUNTRY UBAumau applied on tne moat lavorabl. tame. Orders by avail promptly attaacM ts. Jan.in.dly PAYING OFF 1 AgSlSTAlll QCABTEtMASTMS' OmOB, CucuiATi, Jan. 21st, 1868. rnlAMBTSBS DISOHABOED FKOM MY IMriOY , I can obtain their pay tor DECKMBBB, by ailing at theoffl.e, No.T Ttn.1 Company Botldtjg, gn-nerl Ml and U.in attweta. JLT JiV o Bl aa-MI Wept, aad A.t). at